FWC social media decision a warning for all employees

It’s a case that should act as a warning to all employees – the Fair Work Commission has found that the dismissal of a BHP Billiton mineworker, who posted two Facebook posts relating to work and then quickly deleted them, was justified.

The worker claimed he made an honest mistake when he made two Facebook posts mistakenly asserting that work shifts were cancelled, then quickly realised his error and deleted them.

The FWC ruled that BHP was within its rights to dismiss the worker on the basis that he breached the Code of Business Conduct and Charter Values, observing that the mineworker “was not simply using Facebook as a means of ‘letting off stream’ or expressing his personal views about his manager, employer, or clients/customers of his employer”.

Commissioner Tony Saunders said, “One distinguishing feature between this case and many [others]. . . concerning posts on Facebook is that the information. . . had the potential to affect [the] employer’s operation.”

The case should act as a warning to all employees about mixing work and social media. You can never be too careful.

You can read more about the case on Workplace Express (note – this is a subscriber only service)