KNYSNA BUSINESS NEWS - Social media platforms such as Facebook, Twitter and YouTube have become an integral part of our everyday lives and have an important role to play in our social environment, and help us keep in touch with others and stay informed of events around the world.
Yet despite many of the benefits of social media platforms, these platforms also create opportunity for abuse and often bring out the worst in people - often without thought as to the consequences of their action.
Disciplinary action, including dismissal for social media conduct, has increased drastically over the past few years, often following on the heel of comments made or posted on social media sites by employees.
The Commission for Conciliation, Mediation and Arbitration (CCMA) have dealt with several of these cases where the dismissal was found to be fair, based on the evidence garnered from the social media sites.
Some of the grounds for dismissals have included derogatory Facebook status updates, an employee criticising management, criticising the employer, employees using social media to convey internal matters of the business to former employees, etc.
What should you take note of when using social media to avoid legal or disciplinary action arising from your conduct on these social platforms?
- The most common defence against defamation is that the publication was true and in the public interest. Make sure about your facts before posting anything and ensure that you can back your comments with substantiating evidence and factual information. Accordingly, making a comment about a friend on a matter that is not in public interest could be defamatory, even if it is true.
- Regularly check your social media profiles to ensure that your name is not being linked to defamatory statements by others.
- Do not post anything that could be regarded as incitement to cause harm based on race, religion, ethnic background, gender, sexual preference, etc.
- Adhere to the social media strategy and policies of your workplace. Find out what these are, and if these are not in place, keep the following guidelines in mind:
• Do not engage in online activities that could harm the reputation of the company.
• Do not disclose any confidential or business information of the company.
• Do not discuss colleagues, managers or information pertaining to the company.
A good rule of thumb is to ask yourself whether you would be willing to say something out loud in a room full of people or colleagues. If the answer is no, then you shouldn’t consider posting.
* This column is provided for general information purposes only and does not constitute legal advice. Every situation has a unique set of circumstances and specific professional advice should be obtained in respect of your particular needs.
Mosdell Pama & Cox Inc does not accept responsibility for any loss of damage, direct or indirect, which may arise from or be attributable to any reliance on information contained in this column. Contact our offices for further advice on this week's topic.
Question and Answer:
Hennie asks: I have two casual employees who simply have not returned to work in January. Can I fire them?
MPC answers: In terms of our labour law a fair dismissal requires that you have both a good reason and you follow a fair procedure.
The absence of one requirement renders you liable for compensation for an unfair dismissal. Extended absence from work without leave is a sufficient reason but you must still follow a fair procedure with notice and a disciplinary hearing.
Click here for previous articles:
- Social media and the law: Defamation and hate speech
- Coming to the rescue - hero or villian?
- More levies under Ombud Service Act
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