Legal Talk

Will it make a difference if this is done on the employee's private Facebook page. Or what of the employee who doesn't go to work claiming to be ill, and then posts evidence which clearly illustrates otherwise. What rights will an employer in these instances? Will he be allowed to sue or dismiss the employee for his faux pas?

Social media being a modern day form of communication has now become entrenched into the lives of millions of people across the world. The shocking reality is that social media has the potential to destroy or cause irreparable harm to a person's or business reputation within a matter of minutes.

Facebook, reputed to have in excess of 850 million users across the world, Twitter and LinkedIn and many others are social media networks that most people across the world are either familiar with or subscribe to. Not surprising then when one realizes that social media has also crept into the workplace.

The question of misconduct emanating from social media is something employers did not have to consider say twenty years ago. As technology forges ahead, making fundamental changes in the manner in which we interact and socialize with the others, legal systems across the globe not only have to sit up and take notice of the changes but also often have to weave those prevailing changes into their existing legal frameworks.

In South Africa, dismissals in the workplace arising from violation or misuse of social media are starting to become increasingly more frequent. We do not have a specific law, which deals such social media violations.

Our Courts will take their cue from our existing labour laws and will have to balance that against the rights of privacy and dignity as enshrined in our Constitution. If an employee, outside of work hours, misconducts himself in such a way that he damages the name or reputation of his employer or even his relationship with his employer damage to the business, he could arguably find himself facing a disciplinary enquiry.

The time has come for employers to incorporate their rules on social media into their employment contract, bearing in mind the employee's rights of privacy and dignity have to also be considered. Know your rights! Email fawzia@thelawdesk.co.za or call 031-5025670 for any legal assistance.