The effects of the use of Facebook in an employee’s own time were recently illustrated in an Employment Relations Authority (ERA) decision, Blylevens v Kidicorp Limited [fusion_builder_container hundred_percent=”yes” overflow=”visible”][fusion_builder_row][fusion_builder_column type=”1_1″ background_position=”left top” background_color=”” border_size=”” border_color=”” border_style=”solid” spacing=”yes” background_image=”” background_repeat=”no-repeat” padding=”” margin_top=”0px” margin_bottom=”0px” class=”” id=”” animation_type=”” animation_speed=”0.3″ animation_direction=”left” hide_on_mobile=”no” center_content=”no” min_height=”none”][2014] NZERA Auckland 373. In this case, an employee using her personal Facebook account ‘liked’ derogatory comments that were made about her employer by a third party. The employee’s ‘friends’ on Facebook included fellow staff members and clients of her employer. The employee was successfully dismissed for serious misconduct and the ERA had no difficulty in finding the employee’s actions breached her employee obligations of fidelity, loyalty and good faith.
This case clearly illustrates the need for employees to be mindful that their use of social media in their private capacity and in their own time may have unexpected implications for their employment. This case also provides employers with some assurance that if an employee is using social media in a way that may damage an employer’s reputation, an employer can consider disciplinary action.[/fusion_builder_column][/fusion_builder_row][/fusion_builder_container]