So d po g o d cial me ia sts can et y u fire
CCMA rules dismissals were fair in two cases involving Facebook
THIS YEAR has begun with a social media and public utterances bang. In so far as day-to-day workplace disputes are concerned, however, such cases have been with us for quite a while. Our dispute resolution bodies have been adjudicating, typically alleged unfair dismissal, disputes for years.
It stands to reason that any public utterances posted on social media or made on a public platform by an employee are made in the public domain or to a sizeable community.
If such public musing includes direct or indirect discriminatory, insulting or defamatory statements, they have the potential to bring the good name of the employer into disrepute, in addition, of course, to offending the target(s) of such utterances.
In the recent CCMA arbitration hearing case of Haviga vs SAA (GAEK7750-14), the em- fiable” to do so. The commissioner held that: “I therefore find the limitations relating to the freedom of expression specified by Facebook and the respondent are reasonable as they protect people’s right to dignity.”
The dismissal was held to have been fair.
R Sedick & W de Reuck vs Kisray (CCMA WECT13321-10) is another frequently quoted case on the subject.
In this case, the employees were charged with “bringing the
The postings had been obtained by the employer as there were no security restrictions on the Facebook pages. In this case, the pages were unrestricted by the employees and were therefore in the public domain.
According to the commissioner, some of the postings were “extremely serious (and) certainly constituted gross insolence”. It was further held that “the comments served to bring the management into disrepute with persons both within and outside the employment” and that there was “potential for damage to that reputation among customers, suppliers and competitors”.
The dismissal of the two was held to have been fair, finally noting that: “This case emphasises the extent to which employees may and may not rely on the protection of statute in respect of their postings on the internet.”
Book for Tony Healy’s Seta accredited Conducting Disciplinary Hearings Competently workshop on February17 and 18. E-mail admin@tonyhealy.co.za, call Jenisha at 011 476 1620 or visit tonyhealy.co.za.