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When would you fire someone over their status on Facebook or Twitter?
Under what circumstances would you find that firing an employee over a tweet or Facebook status is an appropriate course of action?
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2 Answers
Where their facebook/twitter status or cooemnts constitute gross miconduct then it will be a dismissble offence. Gross misconduct is conduct that ios so serious that an employer cannt reasonably be expected to continue their employment.
It could be comments that bring the employer's reputation into disrepute or unacceptable comments about work colleagues that make a continuation of their employment impossible.
I recently advised a client on dismissing an employee who made seriously derogatory comments about their line manager on facebook. In that particluar case other work colleagues were also facebook friends of the offending employee which completely undermined the line manager's position in the workplace.
In short, whatever the conduct whether it is written on facebook or spoken or otherwise, the key is that the behaviour of the employee is such that it is reasonable to summarily dismiss, as keeping them in the workplace is no longer tenable.
My question is this, did anyone follow up on the employees complaints or did they fire the employee so as not to have to deal with it? We are only hearing one side of the story. Did the employee report their concerns to HR who in turn did nothing. I mean this is a serious issue that needs both sides told in order to come to a better opinion of the circumstances.
Did the employee feel they had no other recourse than to put their complaint onto the net?
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