How you can help prevent social media
Monday, 2nd February 2015, by Loran McDougall
In today's Workplace Bulletin:
In last Wednesday’s Workplace Bulletin, we looked at when an employee is considered to be ‘at work’ for the purposes of the Fair Work Act 2009 (Cth) (FW Act) anti-bullying scheme, and touched on the fact that this can include bullying that occurs on social media.
Bullying on social media can include:
Below, Charles Power elaborates on the FWC’s stance on social media bullying under the FW Act anti-bullying scheme and looks at how you can help prevent your employees from being bullied on social media.
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Until next time,
Case Law: Social media conduct and the
FW Act anti-bullying scheme
by Charles PowerBowker & Others v DP World Melbourne Limited (2014) looked at when a worker who is bullied by reading social media comment can access the FW Act anti-bullying scheme.
Editor-in-Chief, Employment Law Practical Handbook
The applicants worked in the maritime industry and alleged they were being bullied by members and officials of the Maritime Union of Australia. The alleged bullying conduct included unreasonable and insulting Facebook comments about the applicants.
The FWC observed that the purpose of the FW Act’s anti-bullying scheme is to protect workers, and should therefore be interpreted broadly.
The FWC then ruled:
It can be difficult to protect your employees from being bullied on social media, particularly given that the FW Act anti-bullying scheme does not necessarily require the bullying to occur at work.
However, you can help prevent social media bullying – and, as a result, minimise the legal risk associated with your employees’ misuse of social media – by implementing a good social media policy.
This will help you to show that you:
Employment Law Practical Handbook
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