Inappropriate social media use in the workplace is growing and increasingly cited as the reason for dismissals and legal action. But what is “inappropriate use”? Currently, inappropriate use is difficult to define precisely because the legislation and courts are catching up to the technology. As more cases are heard by the Court and Fair Work Commission, their decisions will provide a clearer picture of the types of behaviour that constitute inappropriate use. Thankfully, Fair Work does provide one clear direction.
Employers should provide their employees with a Social Media Policy and take steps to educate their staff about its practical application.
What is a Social Media policy?
It’s a document that outlines your company’s guidelines for social media use. It should be provided to staff when they start employment, and used as the basis for ongoing training, for example, during staff meetings, via staff emails or in-house newsletters. You can also stipulate that an employee agrees to abide by the terms of the Social Media Policy within the terms of their Employment Contract. An effective Social Media Policy should address the following issues:-
- whether an employee can use Social Media during work hours, and if so, on what terms;
- who owns the social media account?;
- how social media can and can’t be used;
- how confidential and/or sensitive information should be treated;
- how branded content, trademarks, copyright and other intellectual property should be used;
- the consequences of breaching the policy, including disciplinary action and ultimately, dismissal for severe or repeated breaches.
The advantage of implementing a clear policy is that it reduces the likelihood of having to deal with incidents of inappropriate use because your staff know exactly what is expected of them. In addition, if you do need to deal with a breach, then having a written document to reference gives you greater authority.
How to deal with Social Media breaches
It is extremely important that employers follow these four steps when disciplining staff. An employer should:
- Provide staff with a copy of the social media policy and ongoing training.
- Warn staff about their behaviour.
- Provide written and verbal notices addressing any misconduct.
- Give staff an opportunity to respond and improve behaviour.
If you have to dismiss staff over social media breaches, following these steps will offer you greater protection if the employee challenges the dismissal in Court.
How do I create a Social Media Policy?
There is no need to re-invent the wheel. There are many excellent Social Media Policy templates available online that you can tailor to your own needs.
