Enforceable Social Media Policy

[anikan]

I search through the forums and found a similar reference to this here, but it is dated 2009 so I hope people don't mind me creating a new thread.

Recently I was asked to post a Social Media Policy on our intranet. The policy is fairly cut and past but it does make reference to

Any comment or entry that presents the company or brand in a negative manner or that may bring the company or brand into disrepute will not be tolerated

Further down the document there are references to "Implications" including termination of employment.

I am an IT Professional and "blogger" (no I don't have anything bad to say about the company!) and was hoping for feedback on what is generally accepted, most notably...

* Is a company able to enforce disciplinary actions on negative comments that don't incur loss
ie Can you be sacked for posting "Company sucks"

* Is the power to enforce disciplinary actions on social media comments above and beyond what could be enforced by verbal comments?
ie But they can't sack you for saying "Company Sucks" at the Footy

* Do such policies "'interfere with employees in the exercise of their right to engage in protected concerted activity" as per some recent cases in the USA?

* Are there any differences between enforcement for Staff (non-union) vs Shop (union) workers?

* The policy also states that any comments should be tagged "these are the views of the individual" etc etc - doesn't that negate the wont be tolerated?
ie This is my view and not the companies, and my view is the company sucks?

Sorry - lots of questions for a first time poster - but this was the first forum I came across where people seemed to actually discuss the issues.

[desbrooker]

I am also interested in this field. I am an Human Resources Manager for a community organisation that provides in-home carers for our clients. We have very clear guidelines on boundaries on contact between client and carer (i.e. on a professional basis only), and recently we have an occasion where a client and carer have become Facebook friends which we feel blurs this boundary.I would like to add a section into our Code Of Conduct around this and wonder whether a) does anyone else feel that this may be a problem, and b) has anyone encountered this issue and how have they dealt with it. We do have a very clear internet usage policy but this doesn't cover this.

[Moz]

Originally Posted by desbrooker

...recently we have an occasion where a client and carer have become Facebook friends which we feel blurs this boundary.I would like to add a section into our Code Of Conduct around this and wonder whether a) does anyone else feel that this may be a problem

Definitely! It may be very innocent at the outset, but the potential for it to become a problem is too great.

This (social media+employment) is a very difficult area at the moment, because there just isn't enough precedent out there, particularly in Australia, and you can't go by cases in the US or UK, (or any other country for that matter), because their employment laws are different to Australia. Furthermore every case is different because of different policies and circumstances. Frankly it's a legal minefield and one which is almost guaranteed to attract media attention.

I don't really have any answers on the topic of someone making derogatory comments about their employer in a social media forum, but I have a suggestion for the policy.

It could be beneficial to explain the potential downside of such actions, for example, the poster may be "judged" by future employers on the basis of their on-line comments. While this behaviour by future employers (or recruitment agents) may be deemed as discrimination, it is almost impossible to detect.

I certainly wouldn't hire someone if I knew they had slagged off their last employer in public on-line forums.

There is also the prospect of the employer using a libel or defamation suit against an employee, rather than disciplinary action, which could be difficult due to employment laws (as the saying, there's more than one way to skin a cat).

[Qld IR Consultant]

The enforcement of a good social media policy is time consuming, but given it is all about protecting the business from getting a bad name, and also coerving your bases in case of an unfair dismissal claim, you should put the time into doing it all properly. Drafting a policy is easy, but you have to follow it up with comprehensive employee education sessions. Get the employees to sign attendance sheets, and run the sessions twice a year. That way they have no grounds for the "i didn't know" defence.

Yes you can be sacked for saying the company sucks, but its what happens afterwards that determines how it has impacted the company. If you go back over the last 12mths of unfari dismissal claims you will see not only a huge jump in the number, but also the number that sacked employees win is really out of hand.

There is no difference in the enforcement from union members or not. The only variable is that the union members will have an official present at any meeting to advocate on their behalf, and never under-estimate them, they will be prepared.

Facebook and other social networking sites should be encompassed in any internet usage policy. Unfortunately you can't stop people becoming friends on facebook, but its when that fine line is blurred at work and it starts to become an issue that you can then deal with it.

The enforceability is all down to staff education. Same as Drug and Alcohol policies to a point. Ignorance or stupidity is not a defence.

[The Y-man]

We have simply stopped access to social media websites (sledge hammer approach) at our web access controller.

Doesn't stop people posting nasties about us from home on their own private internet conneciton, but that's a separate issue altogether.

The Y-man

[Qld IR Consultant]

Have a very careful read through this decision.

[2010] FWA 7358