Facebook related dismissal upheld

The most recent decision to be published by FWA in relation to a Facebook related dismissal is that of Damien O’Keefe v Williiams Muir’s Pty Ltd T/A Troy Williams The Good Guys. In that case a Good Guys employee had posted an insulting and threatening comment on his Facebook status directed towards one of the store’s female operations manager.

The comment read: “wonders how the f- -k work can be so f-king useless and mess up my pay again. C- -ts are going down tomorrow.”

The employee argued that he had blocked the targeted colleague from being able to view his comment and further that his privacy settings were set to maximum levels so only his group of 70 friends had access to his Facebook page. Deputy President Swan considered however, that other colleagues had access to the comment and the manager was nevertheless informed of the Facebook comment.

The employer submitted that its Employee Handbook imposed an obligation on the employees to communicate with colleagues in a polite and courteous manner and that the employee was therefore aware his conduct would have consequences, particularly in relation to the Sexual Harassment and Workplace Bullying policies also contained in the Handbook.

DP Swan accepted the employer’s submission and considered that the conduct of the employee was repudiatory to his employment, amounted to serious misconduct and a valid reason for his dismissal. Further, as the employee had been afforded procedural fairness in his dismissal, his application for an unfair dismissal remedy was dismissed.

Key Points: FWA is sending a clear message that publication of insulting and threatening comments against a colleague or a workplace in a public forum will bear consequences for the employee. That being said however, the onus remains on the employer to ensure that employee’s are informed of their obligations in relation to conduct on social media websites and that the consequences of that conduct can include the termination of their employment. Employers should ensure adequate workplace policies are in place to manage the use of social media by employees.