Social Media Strikes Again

The social media website Facebook has once again featured in litigation arising in the context of an employment relationship. In Little v Credit Corp Group Limited, the Fair Work Commission upheld the decision of the employer to dismiss Mr. Little and rejected his case that his dismissal was unfair.

At issue commented that Mr. Little had posted on his Facebook page. Mr. Little’s argument was that he had posted the comments during his own time rather than during work time, that he had not included in the Facebook Profile details of his status as an employee of the Credit Corp Group and that therefore what he said on his Facebook page was not relevant to his employment.

The Fair Work Commission disagreed and upheld the decision of the employer. The Fair Work Commission took the view that because the comments could reflect on the Credit Corp Group and damage its reputation and viability, what was significant was the potential impact on the employer from the comments and not whether or not they were made during work hours.

It was an important consideration for the Fair Work Commission that they considered that the process that Credit Corp Group had adopted in dealing with the issue and coming to the decision to dismiss Mr. Little had been fair and reasonable. This highlights the importance for employers of ensuring that any decision to dismiss an employee is taken after very careful consideration and a fair and reasonable process.

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