A recent decision by the Fair Work Commission has reinforced the oft-repeated warning – that private use of social media can adversely affect your employment.
In this case, the Applicant had been employed by a company on a full-time basis, but was operating his own company on the side.
The Applicant sent a mass email message to his contacts on LinkedIn stating that he was expanding his private business to ‘a full-time design practice’, and he was summarily dismissed the very next day after a client notified his employer.
The Court determined that the applicant had breached one of the fundamental duties owed to his employer by attempting to solicit their clients for his own company, and that this conduct was ‘inconsistent with the continuation of the contract of employment’. The Court found further that as a result of the applicant’s conduct, the employer had lost faith and confidence that the applicant would promote its interests, and therefore there was a valid reason for the employer to terminate his employment.
All cases vary and are dependent on their own facts. If you have an employment matter that you wish to discuss, please telephone Affinity Lawyers on 07 5563 8970 today to schedule an appointment with one of our experienced employment solicitors.
