An employee's intellectual freedom rights trumped his employer's code of conduct requirement to treat others with sensitivity, a full Federal Court has ruled in upholding his appeal.
An employee has failed to convince the Fair Work Commission that his Facebook posts shouldn't be considered offensive if he didn't "intend" them that way, losing his unfair dismissal claim.
In a case that illustrates the challenges of shifting a culture where inappropriate behaviour is considered normal, an employer with "a considerable way to go" has defended an unfair dismissal claim because its actions were "consistent with a reforming workplace".
An employee who posted a s-xually suggestive meme on social media "with the aim to upset" was fairly dismissed, despite the workplace's "robust" culture, the Fair Work Commission has ruled.
An employee's "foolish" Facebook comment was a "regrettable example" of someone using social media without considering the ramifications, but it wasn't a sackable offence, the Fair Work Commission has ruled.
Especially in light of the broadening 'workplace', employers that still don't provide guidance around social media use are exposing themselves to growing legal risks, a lawyer says.
An employer that failed to follow its own disciplinary process during "bedlam" after negative media reports has nonetheless defended sacking an employee who made a "s-xualised" social media post.
Whether it's 'keyboard warriors', online bullying/harassment, #metoo allegations, disparaging remarks or political views, employees' social media activity can give employers plenty to be concerned about. Watch this webcast to understand how this area interacts with employers' legal rights and responsibilities.
An employer had valid reason to sack a worker who tried to delete its Facebook page and behaved aggressively towards colleagues, but its process was so deficient it couldn't be called "fair", the FWC has found.
An employee was dismissed for effectively advertising her own job on LinkedIn, not because she had bipolar disorder and made bullying complaints, a court has ruled.
The challenges employers face in managing underperformance continue to intensify, in light of flexible work arrangements, psychosocial obligations, and more. Minimise your legal risks and maximise your outcomes by attending this HR Daily Premium webinar.
