[LINK] social media a no-no, at least to employers

Jan Whitaker jwhit at janwhitaker.com
Sat Dec 15 18:30:59 AEDT 2012


[the bit about not posting personal information 
is nuts -- so we are now 24/7 when we take a job? 
Seriously? I understand why you shouldn't 
publicly rag on your employers, but personal info?]


Social media facing bans in workplace agreements

Clay Lucas
Published: December 14, 2012 - 10:01PM

AN INCREASING number of workplaces across 
Australia are banning staff from accessing social 
media at work, and simultaneously trying to 
prevent them commenting on their employer after hours.

Across Australia, 91 business have sought to 
formally ban their staff from accessing Facebook, 
Twitter and other social media sites, as part of a workplace agreement.

The first enterprise deals featuring such bans 
began appearing in 2010, and increased five-fold 
in 2011, Fair Work Australia agreement searches show.

The agreements potentially expose employees to 
disciplinary action if, during working time, they 
use social media, defined in most agreements as 
Facebook, Twitter, YouTube, Myspace and ''all 
other internet sites whose function provides for social networking''.

In two recent agreements, for bus charter 
companies Westernport Roadlines and Sandringham 
Coaches in Melbourne, employees are specifically 
warned that any comments made via social media 
that refer to their employment or personal life, 
on sites such as Facebook or Twitter, could 
result in disciplinary action, ''up to and including termination''.

''It is important that employees consider the 
impact their online activities may have on their 
employment,'' the agreements warn.

''Employees should exercise careful judgment 
before posting details about their employment or personal life.''

Another employer, CPC Audio, in its workplace 
agreement, has banned all social media use during 
working hours unless done at the direction of a manager.

And it specifically bans any reference to the 
business by an employee on social media sites.

John Battams, the Queensland Council of Unions 
president, last week told industrial relations 
news service Workplace Express that the push for 
blanket bans by employers on using social media was ''over the top''.

Mr Battams warned that the bans could ultimately 
gag employees who had genuine concerns about workplace safety or bullying.

Kate Jenkins, a partner at Herbert Smith 
Freehills specialising in employment law, said 
there was a rising number of employers having to 
tackle workers making ''abusive comments about 
co-workers, threats, sexual remarks, racist 
remarks, often about managers'' on social media sites.

She said that many people did not understand that 
their personal use of social media could cost them their job.

And Ms Jenkins said that a place like a public 
Facebook page was not the appropriate place to 
complain about problems in a workplace.

''The idea of someone having a grievance and 
raising it 
 via social media to create a 
campaign to potentially seriously damage a 
[firm's] reputation - that is really in conflict 
with an employee's obligation to their employer,'' she said.

Ms Jenkins said that the recent dismissal case 
involving MP Peter Slipper and James Ashby, which 
had featured texts and other forms of online 
communication, had shown how destructive the 
electronic trail could be for both employers and employees.

''Whatever people are flinging about, it is going 
to live forever. Which is why it just all better 
if you don't write things down - don't text them, 
don't post them, just leave them,'' Ms Jenkins said.

This story was found at: 
http://www.theage.com.au/digital-life/digital-life-news/social-media-facing-bans-in-workplace-agreements-20121214-2bfbl.html 




Melbourne, Victoria, Australia
jwhit at janwhitaker.com
blog: http://janwhitaker.com/jansblog/
business: http://www.janwhitaker.com

Our truest response to the irrationality of the 
world is to paint or sing or write, for only in such response do we find truth.
~Madeline L'Engle, writer

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