Jade Lattimore: What you post online could cost you your job, even after hours
Think your off-duty life is your own business? Think again.
According to Fair Work, the line between work and home life is blurrier than ever.
So, that spicy social media rant . . . It could cost you your job.
Take this example: working in hospitality can be a tough gig.
Sure, we’ve all dealt with nightmare customers, but venting online about hoping one of them “breaks a hip” can get you fired.
Why? Because if someone can link your post back to your job, it might damage your employer’s reputation.
Consider the case of a national retail chain employee who posted about not getting paid, claiming his manager was “going down tomorrow.”
His defence? He thought his Facebook settings were private — such that only his “friends” could see it.
But when 11 of those “friends” were coworkers, his secret didn’t stay secret for long.
Fair Work ruled his termination was fair — threatening a manager and bad-mouthing colleagues online didn’t sit well, even though the post came from his home computer after hours.
On the flip side, not every case goes as you’d expect.
An employee of a national trucking company made public Facebook posts calling a Muslim colleague a “bacon hater” and spreading derogatory comments about coworkers.
His profile was open for anyone to see, but despite the posts being grossly offensive, multiple courts found they weren’t extreme enough for a serious misconduct dismissal. It was, they said, more like gossiping in a pub.
So, what’s the takeaway? Whether your online behaviour can get you fired depends on your employment contract and the potential damage to your company’s reputation.
The key question is: would a reasonable person see your actions as seriously damaging to your employer or your working relationship?
If your company has a strong social media policy, it’s more likely to have grounds for dismissal.
If not, you might have a bit more leeway.
Bottom line — if you wouldn’t say it to someone’s face, don’t post it online.
Jade Lattimore is principal and senior lawyer at Greenstone Legal in West Perth and Albany.
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