Dismissing staff for misconduct on social media

December 10, 2015

In light of the recent story about writer and columnist Clementine Ford, there has been a lot of talk about where the line is between employee free speech as independent citizens and as public representatives of the brand and reputation of an organisation.

In this story, Ford is abused on her public Facebook page by a man named Michael Nolan. Nolan's comment, screenshotted by Ford is threatening, is graphic and violent in nature. Often a lightening rod for male threats of violence, it would appear that Ford had enough. She said: "For too long, speech on the internet has been consequence free."

Clicking on Nolan's Facebook page, she found his employer, Meriton Hotels, listed in public view. Ford then tagged Meriton Group in the offending post, noting the vile abuse of one of their employees. A short while later, Meriton issued a public statement saying "Meriton Group does not condone this type of behaviour. Michael Nolan was removed from the Meriton site on Saturday 28th November pending an investigation, and as of 2:30pm today 30th November 2015, he no longer works for the Meriton Group."

A pretty rousing and definitive response I'm sure you'd agree. This is a very interesting issue from an industrial perspective. Clearly Ford was right in calling out this appalling behaviour, but was it within Meriton's rights to end Nolan's employment? 

A few factors play in. First of all is the potential for brand damage. Given that Nolan listed his employer on his page, there is the risk of impacting the good name of the employer by association. However, to be able to draw what was a personal statement as a private criticism and the nature of Nolan's employment can be a fraught thing. 

Firstly, Meriton would likely have a social media policy which would have set out clearly expectations of public comment and behaviour of employees - particularly where those comments may bring the business into disrepute. Secondly, Meriton's disciplinary policy would like have special provision for dealing with serious breaches of organisational policy and this would be backed up by a robust code of conduct. This would be particularly true of employees with a customer service focus as was the case with Nolan. Finally, from an IR perspective, Meriton would have relied on Nolan's contractual obligation to put the interests of his employer above all others. 

There is also something to be said about making a clear statement about an organisational expectations on social media misuse - and nothing speaks louder than decisive action.

My thoughts for employers facing issues with employee social media misuse in short:

- Closely examine the context, tone and content of the offending social media post(s) / interaction(s);

- Ensure that you closely follow your social media policies, code of conduct and relevant disciplinary processes to the letter;

- Make sure any action you take is proportionate and follows the principles of natural justice;

- Get good industrial relations advice from a professional before proceeding with any action.

If you need advice on a particular social media case you are currently looking at, please InMail me.

Happy posting!