Inappropriate Facebook Comments could be Grounds for Dismissal
Thursday 6 March 2014 @ 9.29 a.m. | Industrial Law
The Fair Work Commission has found that grossly offensive Facebook status updates on an employee’s personal account could be grounds for dismissal after a Credit Corp Group manager was dismissed for this very reason.
In the case of Little v Credit Corp Group Limited t/as Credit Corp Group [2013] FWC 9642, Cameron Little, a customer relations manager at Credit Corp, was dismissed for sexually harassing a new male employee by commenting on Facebook that the employee was the “newest victim of butt rape.” He also attacked a charitable organisation with which the company had dealings, and anti-abortion websites with inappropriate comments despite extensive social media training.
Little argued that this was his personal account and Credit Corp had breached his privacy. He argued that his behaviour on Facebook was “just a joke” made outside of work hours.
FWC President Sams rejected his arguments as “gratuitous and self-serving.” Sams reasoned that while Little was entitled to have his own opinion, he was not entitled to disclose them to the world at large. He further reasoned that the nature of the comments were so grossly offensive that it could not have been meant as a joke. The FWC found that the nature of the comments had seriously damaged the relationship between the employer and the employee, damaged Credit Corp’s interest, and was incompatible with Little’s duty as an employee.
This decision could mean that personal Facebook accounts may no longer be perceived as strictly personal when it comes to bullying and harassment in the workplace. Despite the inappropriate behaviour being conducted outside work hours, the FWC still found that the net effect of the comments constituted serious misconduct.
President Sams said,
"Even if the respondent had no policies or a Code of Conduct directly addressing the applicant’s actions, it would be of no consequence. One hardly needs written policies or codes of conduct to understand and appreciate that, firstly, the kind of sexual comments made about the new employee were grossly offensive and disgusting and were more than likely to cause hurt and humiliation. Secondly, there can be no doubt that the comments made by the applicant about CAP [the charitable organisation] were likely to adversely impact on the respondent’s relationship with that organisation and damage the respondent’s wider reputation."
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Sources:
Fair Work holds firm on manager sacked for “grossly offensive” Facebook post
Little v Credit Corp Group Limited t/as Credit Corp Group [2013] FWC 9642
