Thinking of Posting Negative Comments About Your Employer on Social Media? Here’s What You Need to Know

Social media has become an outlet for expressing everything from daily musings to workplace frustrations. But before posting negative comments about your current or past employer, it’s essential to consider the potential consequences. In Australia, the Fair Work Commission (FWC) has upheld terminations where employees’ social media posts have damaged an employer’s reputation or workplace relationships.

We’ll review some real cases from the FWC’s Unfair Dismissal Benchbook to highlight why it’s worth thinking twice before airing workplace grievances online—and what alternative steps you can take if you’re experiencing issues at work.

Thinking of Posting Negative Comments About Your Employer on Social Media? Here’s What You Need to Know

Case Review: Stutsel v Linfox Australia Pty Ltd [2011] FWA 8444

Facts

Mr Stutsel posted derogatory comments about his managers and colleagues on Facebook, which he argued were meant to be humorous and only visible to friends. However, the comments were racially offensive, and Linfox dismissed him, citing a breach of their conduct policy.

FWC Findings

The Fair Work Commission reinstated Mr Stutsel, ruling the dismissal as harsh due to Linfox’s lack of a clear social media policy. The FWC found that while the comments were inappropriate, the absence of specific guidelines weakened the grounds for termination.

Implications

This case illustrates that employers with comprehensive policies on social media can more confidently take action if employees’ online conduct damages the business. For employees, it’s a reminder that even “private” posts can impact your job security.

Thinking of Posting Negative Comments About Your Employer on Social Media? Here’s What You Need to Know

Case Review: Little v Credit Corp Group Ltd [2013] FWC 9642

Facts

Mr Little posted critical remarks about his employer, visible to colleagues, which led to his termination on grounds of serious misconduct.

FWC Findings

The FWC upheld the dismissal, pointing to a clear breach of Credit Corp’s social media policy, which prohibited disparaging comments about the company. The Commission concluded that Mr Little’s actions could harm the company’s reputation, justifying the termination.

Implications

This case shows that employees should be mindful of their employer’s social media policy. Disparaging posts, even on personal accounts, can result in termination if they breach the terms of employment.

Case Review: Dover-Ray v Real Insurance Pty Ltd [2010] FWA 8544

Facts

Ms Dover-Ray was terminated after posting critical comments about her supervisor and workplace on Facebook. Her employer argued that the posts created a negative atmosphere among staff and harmed workplace cohesion.

FWC Findings

The FWC supported Real Insurance’s decision, noting that her comments were disruptive and damaged her employer’s reputation. The dismissal was deemed reasonable, highlighting how public comments can impact both workplace harmony and personal career stability.

Implications

This case underscores that social media posts criticising management or colleagues can be viewed as misconduct. Even posts made outside work hours can influence workplace dynamics and job security.

Key Takeaways

These cases reveal some important principles for employees and employers alike:

• Importance of Clear Social Media Policies: Employers who have explicit social media guidelines can more effectively address inappropriate conduct.

• Serious Misconduct Risks: Posts that are offensive or damaging to an employer’s reputation may justify termination.

• Public vs Private Boundaries: Even comments made on personal accounts outside of work can have professional repercussions if they reach colleagues or the public.

Need Help with a Workplace Issue?

If you’re experiencing workplace challenges or feel your rights are being compromised, social media may not be the best place to express your frustrations. Instead, consider seeking advice from employment advocates who can guide you on your options.

At 1800NOWINNOFEE, we specialise in employment and human rights advocacy, helping you address workplace concerns through constructive channels. Contact us today on 1800NOWINNOFEE (1800669466) or visit www.nowinnofee.help to explore your options and protect your career and reputation.