Social media has become part of everyday life, but many employees are surprised to learn that what they post online can sometimes have consequences in the workplace.
Comments made outside working hours and on personal accounts are not always private. Posts can be copied, shared and viewed by colleagues, clients and employers, often far beyond the audience originally intended.
Employment disputes have increasingly involved social media activity, including offensive comments, workplace criticism, bullying, harassment and conduct that damages an employer’s
reputation.
In some situations, employers have been justified in taking disciplinary action where online behaviour has undermined trust and confidence in the employment relationship. In Turner v Te Whatu Ora [2023] NZEmpC 158, the Employment Court upheld the dismissal of a nurse whose Facebook posts were found to be inconsistent with her professional obligations and her employer’s policies. The Court confirmed that social media activity outside work can still have workplace consequences where it damages trust and confidence or harms an employer’s reputation.
That does not mean employers can monitor every aspect of an employee’s private life. However, where social media activity has a genuine connection to the workplace, employers may
have legitimate concerns.
For example, problems can arise where an employee publicly criticises customers, discloses confidential information, makes discriminatory comments, or identifies themselves as
an employee while engaging in inappropriate conduct online.
The risks are not limited to employees. Business owners should also ensure they have clear workplace policies covering social media use, confidentiality, bullying and harassment. A well drafted policy can help employees understand expectations and reduce the risk of disputes.
Before posting online, it is worth remembering that even content intended for a small audience can quickly become public.
A useful rule of thumb is to ask yourself whether you would be comfortable seeing the post discussed at work, shown to a client, or reported in the media. If the answer is no, it may be
better not to post it at all.
