New workplace legislation has made social media communications
between employers and employees more dangerous for employers, according
to a leading workplace relations lawyer.
Allens Arthur Robinson
partner and head of the firm's workplace relations group, Adam Lunn,
said and adverse action clause in the new Fair Work Act meant
interaction on websites such as Facebook and Twitter between employers
and employees could have wider implications.
What may be meant
as an innocent comment via social media by an employer to an employee
may lead to bosses facing lawsuits for unlimited damages for
harassment, bullying or discrimination.
"Employers need to think
very carefully before they allow employees to become friends on their
social networking sites," Lunn said.
"Allowing employees to
openly access your Facebook or MySpace account opens you to defamatory
material being placed on there or just the perception your engagement
with some employees is more favourable to them than to other employees.
"You
could be seen to be discriminating against an employee that you don't
befriend. It is important to remember that the employer-employee
relationship doesn't stop at the office door."
Under the Fair
Work Act's adverse action clause, workers can sue for unlimited damages
over actions that adversely affect their job, injures or discriminates,
or threatens such actions.
Lunn said businesses should look to
develop a social media policy or review their existing technology and
human resources policies to outline precisely what is acceptable and
unacceptable in regards to the use of social media both during business
hours and after hours.
This article originally appeared on The New Lawyer
