Social Media in the Workplace. Presented by NSW Industrial Relations

Transcription

1 Presented by NSW Industrial Relations

2 Topics What is Social Media Embracing Social Media Managing the Risks Social Media Policy Case Studies Useful links and contacts

3 What is Social Media A form of media used for social interaction. Including but not limited to: Facebook, Twitter, LinkedIn, Youtube, Myspace, Bebo, Friendster, Google+, Instagram. , Blogging sites, Photo and Video sharing sites.

4 Embracing Social Media Social Media can be used by your organisation To promote your brand or product. To interact with clients and suppliers. To communicate information within the organisation. To provide staff with an alternative means of communication between each other.

5 Why have a Social Media Policy? Set standards of behaviour when using social media for work or personal purposes. Protect your organisation s reputation and community standing. Protect your organisation s business interests. Protect staff from online bullying and harassment.

6 Managing the Risks Employers need to advise staff of the appropriate behaviours when using Social Media HOW? Create your own Social Media Policy

7 Facebook grumbles can have consequences as employers enforce social media policies * The line is blurring between work and out of hours conduct which can lead to dismissal. * Employers need to develop social media policies that define social media and identify social media behaviour that is or is not acceptable. * Policy should set out the risks associated with the use of social media and the potential consequences. * Employees need to be trained and educated, conduct monitored and breaches enforced.

8 Termination due to inappropriate conduct For dismissals to be lawful, there is a need to demonstrate a connection between the conduct and the employment relationship that: is likely to cause serious damage to the relationship between the employee and employer damages the employer s interests, or is incompatible with the employee s duties as employee

9 Termination due to inappropriate conduct - cont Issues to consider: Ensure procedural fairness and natural justice. Prompt action to investigate and gather information and facts. Notify person of the reason and give an opportunity to respond with a support person and give consideration of the response. Establish a connection between the conduct and employment relationship. Employees length of service, age, skill level and difficulty finding alternate employment. Is there a policy that is underpinned by consequences and can it be demonstrated that the employees are aware of and understand the policy and that a breach may result in their termination of employment.

10 Case Study

11 Case Study Sally was employed at a hairdressing salon for 13 months Small business with only 3 employees Sally was terminated for reasons which included her public display of dissatisfaction with her employer via Facebook: XMAS bonus along side a job warning, followed by no holiday pay!!! Whoooo! The Hairdressing Industry rocks man!!!awsome!!! 5-10 of Sally s Facebook friends are also her clients

12 Case Study Would it worry you if one of your employees did this? Does the conduct warrant dismissal? Sally lodged an unfair dismissal claim FWC said: It would be foolish of employees to think they may say as they wish on their Facebook page with total immunity from any consequences However

13 Case Study While the comments were silly and foolish I do not consider they were such to damage Ms Smith s business The salon was not named nor was it readily identifiable The comments would have been seen by very few people No company policy prohibited this sort of conduct Would a policy have made a difference? Fitzgerald v Dianna Smith t/as Escape Hair Design [2010] FWA 7358 (24 December 2010)

14 What policies could you use to protect your business from this type of conduct? Social Media Code of Conduct Bullying and Harassment Workplace Surveillance

15 Creating a Policy

16 What to have in the Policy Create a policy that reflects on your organisation s values Include a statement of purpose or objective Explain who the policy applies to Expected and unacceptable behaviours Disclaimer Consequences Version control Other linked policies, ie code of conduct

17 When does this policy apply Personal use Ensure your employees are aware that anything posted on social media sites is their responsibility, urge responsible use. Use at work If staff have the ability to access social media at work ensure that it doesn t affect productivity, customer service, colleagues and their work

18 What does a policy look like? Aim of Policy why it was developed May includes procedures Who the policy applies to What is acceptable/unacceptable Consequences of not complying Written in plain English Date when developed or updated Version control and review timeframe Other related policies that are linked

19 Steps to creating a Policy Step 1 Planning & Consultation Step 2 Research & Define Policy Terms Step 3 Draft Policy Step 4 Implementation Step 5 Review/evaluate/compliance

20 Social Media Policy Other Recent Cases

21 Termination was not unfair Employee who posted offensive comments on Facebook about his employer, his pay and threatened a co-worker was terminated for serious misconduct. Employee had 11 Facebook friends who were also co-workers. Employer had employee handbook which contained policies on bullying and harassment. It was irrelevant that the conduct occurred out of the workplace as common sense dictates that employees cannot write and publish threatening comments about another employee. Damian O Keefe v Williams Muirs Pty Ltd T/A Troy Williams the Good Guys.

22 HR Manager s sacking was deemed to be unfair Employer claimed that HR Manager had breached the workplace Social Media Policy. HR Manager sent a private message via Facebook as a private conversation and not made as a post on a Facebook wall that friends could view. Long serving employee with impeccable record. Wilkinson-Reed v Launtoy Pty Ltd T/A Launceston Toyota.

23 FWA Full Bench upheld original decision of unfair dismissal for serious misconduct Employee made offensive comments and conversations via Facebook. Employee s long satisfactory employment history, age and job prospects were taken into account. Employee was ignorant on how to use the technology. There was no company policy on Social Media. Linfox Australia Pty Ltd v Glen Stutsel.

24 Not every breach of a policy will provide a valid reason for termination of employment. However in circumstances where the policy is both lawful and reasonable and an employer has stressed the importance of the particular policy to the business and made it clear to employees that any breach is likely to result in termination of employment, then an employee who knowingly breaches that policy will have difficulty making out an argument that there is no valid reason for the termination Deegan C in Kolodjashnij v Lion Nathan T/A Boag & Son Brewing P/L (2010) FWA 3258

25 NSW IR Services Workshop and Webinar Programs NSW IR is helping NSW businesses better understand how the national workplace relations system works through a comprehensive employer information program. NSW IR s team of experts conduct free face-to-face workshops and seminars and also live and recorded online webinars on the Fair Work Act and other important workplace issues. Further information on our current program and online registration may be found at: NSW IR Telephone Service for enquiries relating to Long Service Leave, Public Holidays and the Taxi and Entertainment Industry.

26 Useful Information and Contacts NSW IR Contacts and Services NSW IR is working with NSW businesses to help them better understand their rights and responsibilities as an employer. Through a comprehensive workshop and webinar program NSW IR are providing employers with information and tools to deal with Industrial Relations issues and Human Resource issues Face to Face IR and HR Workshops include: Industrial Relations: Human Resources: Rights and Responsibilities Managing Employees Workplace issues for Bookkeeper and Payroll Writing Workplace Policies Various Modern Awards workshops including: Bullying in the Workplace Health Professionals Workplace Negotiations Childrens Services

27 Useful Information and Contacts NSW IR Services and Contacts NSW IR is able to provide partnership arrangements with stakeholders in NSW to deliver education and information services on IR/HR topics NSW IR Advisers Toni Minovski Wollongong, Southern, Central and Southwest NSW David Madden Central coast, Hunter, Central, Northern and Northwest NSW Chemele Burge Sydney Metropolitan NSW

28 Useful Information and Contacts NSW Industrial Relations Live and recorded webinars Workshop Program Long Service Leave Public Holidays Fair Work Ombudsman Fact Sheets, templates, pay tools and other resources for employers Fair Work Commission Modern Awards Fair Work Act 2009 Enterprise Agreements & Unfair Dismissals