Employee Social Media use can have serious consequences
Published in Labour Law · 5 July 2022
An increasing number of business owners and individuals are relying on and turning to social media for advertising, collaboration, marketing, recruiting and sharing of information. Many businesses use social media as a tool to increase productivity within their businesses for example with WhatsApp group chats that have become the norm now. Social media platforms like Facebook, YouTube, LinkedIn, Instagram and Twitter are used for advertising, branding and marketing with positive results for many businesses.
We have also seen instances where a video, snap, post, tweet or message on social media has gone viral and destroyed a company’s image overnight. We have also seen productivity dropping in the workplace as more and more employees become addicted to social media and their social media presence.
Posting a negative comment in a status or photo on any social media platform that an employee uses may have a similar effect to a customer who posts bad reviews. Customers, clients and the general public, may look to employees as representatives of the company and their social media posts can be damaging.
There is no turning back once a comment or remark is posted online. The ability to delete unpleasant posts does not guarantee that the actual post is permanently removed due to shares, screenshots and saved pages. Many employees have an incorrect belief that their constitutional right to freedom of expression allows them to say anything on social media. Employees should be informed that freedom of expression does not allow discriminatory expressions that cause harm to others.
What recourse does an employer have against an employee who uses social media to slander the business, to vent their frustration or to disclose confidential proprietary information? Recourse becomes difficult where an employer has not established parameters within which an employee may act. This is accomplished by drafting and signing a social media policy or including a social media clause in your company policy document.
Employees should be made aware that they represent the company during and after working hours and that careless or deliberate use of social media can result in disciplinary action taken against them.
This is because an employee’s good faith to his or her employer is one of the cornerstones of the employment relationship. This duty of good faith and care could be violated by the employee ranting about the employer, clients, customers or engaging in any form of hate speech.
Policing of your employee’s social media has become particularly relevant in the current employment landscape. This is why we advise employers to include a social media policy within their employment contracts and company policy document. Only then will employees think twice about bringing disrepute to their employer on social media. Employers must make their employees aware of what constitutes inappropriate behaviour on social media as well as the consequences of engaging in such behaviour.
You would then ask what exactly is it that can be done if an employee damages the reputation of an employer on social media? The answer is simple, the employer can take disciplinary action. An employee who bad-mouths an employer, including a manager or fellow employees may be liable for damage claims and even dismissal.
The legal relationship between the employer and employee is one of good faith. There is therefore no reason for the employer to keep an employee who causes harm to the employer’s image. Instead, the employer may dismiss the employee for harmful comments on social media.
Employers should take preventative steps to protect their businesses against such risks.
This article does not constitute legal advice and is based on the author’s interpretation of legislation and case law. Book a consult for legal advice or assistance pertaining to your specific matter.