In today’s modern workplace, the integration of social media for employee communication and engagement is unavoidable. Social media platforms like Facebook, Instagram and others undoubtedly improve communication and team camaraderie. However, they also pose challenges that demand well-crafted and regularly updated social media policies. The recent legal case of Breanna Roche v The Trustee For The Dolphin Hotel Unit Trust [2024] FWC 606 emphasizes the urgent necessity for strong social media guidelines in the workplace, alongside clear education on workplace standards and the repercussions of inappropriate conduct.
Case overview
At the Dolphin Hotel in Sydney, a bar supervisor was dismissed for criticizing company management in a Facebook group chat for employees. The Fair Work Commission considered whether the employee’s termination was considered harsh, unjust or unreasonable under the Fair Work Act 2009 (Cth). The Fair Work Commission ruled this behavior contributed to a negative atmosphere among staff, deeming it unsuitable for the workplace. Despite warnings from the employer, the bar supervisor persisted in sharing negative views about the employer with colleagues, justifying her dismissal. The employee had been made aware of the reasons for the potential dismissal and was provided with an opportunity to explain themselves – thus providing the employee with procedural fairness. The Fair Work Commission found the reasons for termination justified as the conduct was deemed inappropriate and fostered a negative environment for other employees.
Key takeaways
Organisations can mitigate the risk of employees making unprofessional remarks online by taking simple precautions.
The fast-paced evolution of chat apps and social media platforms demands dynamic workplace policies. What was acceptable in the past may not be so today due to changes in platform features, company culture, or legal standards. Regularly reviewing and updating policies ensures all employees are aware of current expectations and standards, reducing the likelihood of incidents leading to poor workplace culture, reputational harm, or disciplinary actions.
Merely having a social media policy isn’t enough; it must be effectively communicated to all employees. This entails more than just distributing a document—it requires engaging staff through meetings, workshops, and regular reminders. Ensuring employees understand the reasons behind the rules fosters collaborative environment, where everyone feels accountable for upholding the business’ reputation online and offline.
Regular training is crucial for ensuring employees not only comprehend social media policies but also know how to apply them. Providing clear examples of appropriate and inappropriate behaviour on social media platforms during training sessions allows employees to ask questions and voice concerns, nurturing a transparent and supportive workplace culture.
The Dolphin Hotel case underscores the importance of addressing social media misconduct proactively. Timely intervention could have established boundaries and provided guidance when the bar supervisor first exhibited inappropriate behavior online. Addressing issues early and consistently prevents minor infractions from escalating into major problems, requiring not only warnings but also support for employees facing personal challenges affecting their professional conduct.
Social media, chat apps and forums
Public platforms (e.g. Facebook, Twitter, Instagram, TikTok)
These platforms have broad visibility and are widely used. Employees should understand the potential impact of their posts on the business’ reputation because even a private post can go viral with a single screenshot.
Professional networks (e.g. LinkedIn)
While primarily for professional interactions, employees may use LinkedIn to criticize their employer’s culture or practices. Policies should encourage professionalism and avoidance of content that could harm the company’s or individual’s professional image.
Internal communication tools (e.g. Slack, Microsoft Teams):
Despite being internal, these platforms can still host inappropriate comments or leaks of confidential information. Clear guidelines are essential for maintaining a professional internal environment, with regular reminders about communication being recorded.
Group chats and messaging apps (e.g. WhatsApp, Messenger):
These platforms blur personal and professional communication boundaries. As seen in the Dolphin Hotel case, seemingly private group chats can have significant workplace implications. Policies should clarify the acceptable use of these platforms for work-related discussions, especially regarding privacy and confidentiality.
A Social Media Policy Template is available to assist employers with handling social media concerns. The policy template can be purchased at the membership price of $154.00* (incl GST) or the non-member price of $275.00 (incl GST).
*excluding Business Evolve Members
