Employees misuse of social media is one of the most common reason for Metis HR being asked to support an employer. Usually in formal disciplinary procedures, because of an allegation of employee misuse of social media. A formal disciplinary process needs an employer to demonstrate that an employee knew what was expected of them. Without a workplace Social Media Policy, it is very difficult to demonstrate this. That employees knew what an employer would deem as employee misuse of social media. Last year’s FAQ’s about employee misuse of social media included these three scenarios: Q: An employee of mine has posted comments on Facebook that are potentially damaging to my business. Can I use the information in disciplinary hearings? A: Yes, if you’ve obtained the information lawfully. However, hacking into an employee’s Facebook account to obtain evidence would be unlawful. Therefore, if you’ve got this content via your own Facebook account or one of your employee’s accounts this would be lawful. Q: One of my managers has seen comments posted on a social networking site which he believes are defamatory. What can we do about it? A: Ordinarily, a comment will likely be deemed defamatory if it is untrue and would undermine the reputation of […]
