Employee Social Media Use

Employees post on personal social media accounts about daily life, social developments and sometimes their work. Posts connected with the employer, the work, customers or colleagues may have consequences for the employment relationship. The assessment rests on balancing employee freedom of expression and the duty of loyalty.

Features of Social Media

Unlike spoken statements, social media posts are permanent, can reach large audiences and spread easily through screenshots. The reach of a post, the poster’s number of followers and whether the post is associated with the employer therefore matter in assessing dismissal. Posts by an employee who names their employer on their profile are more readily associated with the employer.

Posts That May Justify Dismissal

• Insults towards the employer, managers or colleagues,
• Sharing trade secrets, confidential information or internal correspondence,
• Sharing personal data of customers or colleagues,
• False allegations seriously and concretely damaging the employer’s reputation.

Use during Working Hours

Excessive social media use during working hours may breach the duty to work if it disrupts work. For it to justify dismissal, however, the rule must have been communicated in advance, the breach documented and the employee’s defence obtained.

Social Media Policy

A written social media policy setting expectations for posts associated with the employer, confidentiality rules and who manages corporate accounts is useful. The policy must not interfere disproportionately with employees’ private lives and freedom of expression. Systematic monitoring of employees’ social media accounts is subject to employee monitoring rules.