In a recent decision the Fair Work Commission confirmed that a worker was fairly dismissed for criticising management on a social media chat group.
The Facts
The employee was a supervisor at a hotel.
In August 2023 the employer raised concerns with her about customer complaints and ignoring management requests. She agreed there had been a decline in her performance and said she would improve.
In October the employer stated in a supervisors meeting at which she attended that more focus was needed on customer service standards and supporting management decisions as a team.
Soon after, the employer became concerned that she was criticising management on a Facebook social group chat that had been setup by staff to discuss work-related issues.
The employer spoke with her about appropriate social media use, however she continued to express negative opinions about the employer in the group chat.
She also began to exclude persons who she thought were managers from the group chat, saying it should be a “management-free space” for employees “to vent”.
In a meeting with her on the 10 November 2023, the employer’s General Manager explained his concerns and gave her an opportunity to respond. After the meeting she was given a termination letter.
The employee applied to the Fair Work Commission alleging that the dismissal was unfair.
The Decision
The employee argued the dismissal was unfair because the group chats were ‘a social chat with friends’.
In dismissing the application, the FWC disagreed with the employee and found that the group chats were clearly related to working at the hotel.
The FWC also took into account that:
- The employee was a supervisor and had attended a meeting for bar supervisors in which the employer had set clear expectations about working together and supporting management decisions.
- Before the dismissal the employer had raised its concerns with her and given her an opportunity for input.
Implications
The case is a reminder for employees that:
- Raising work-related matters on online chat groups can have impacts on their employment.
- Supervisors are expected to support reasonable management decisions and objectives.
The case is also a reminder for employers that:
- The full history of the employee’s conduct should be considered before making a decision affecting their employment.
- Procedural fairness is essential, including notifying employees of the concern and giving them an opportunity to improve.
Employers are also recommended to include their reasonable expectations about appropriate use of social media in employment agreements and workplace policies, as another way of helpfully informing employees ahead of time about the standards required.
At WorkLegal our experienced team can answer your questions and put you on the right track. A range of fixed-price Initial Consultations will suit most people’s needs in quickly learning what their options are.
Scott McSwan
Legal Practice Director
Roche v The Trustee For The Dolphin Hotel Unit Trust [2024] FWC 606