Social Media (Part 4) - Cases
Over the past number of weeks we have posted a series of blogs on social media and the impact of certain areas for employers and the workplace. We’ll turn now to social media related cases that are coming through the courts and consider the decisions passed down
Fairness of Dismissal depends on circumstances:
- Case One = Unfair Dismissal
An employee was dismissed for posting insulting comments on Facebook regarding colleagues. The dismissal was held to be unfair on the basis that the comments were relatively minor, were made outside working hours and did not name colleagues specifically. Although a UK case it is a good indication of the thought process likely to be followed in Ireland. Whitham -v- Club 24 t/a Ventura
- Case Two = Fair Dismissal
In this case the employee had posted derogatory comments on Facebook regarding her employer. A key factor in the Irish EAT's decision that this was a fair dismissal was the fact that the employer was specifically named in the posts. O'Mahoney -v- PJF Insurances
The Importance of Robust Social Media Policies
In this case the employee was held to have been fairly dismissed for posting derogatory comments regarding customers on Facebook. The staff handbook expressly stated that acts committed outside work that bring the employer into disrepute would constitute misconduct and that the company reserved the right to take disciplinary action. Preece -v- Wetherspoons
The Importance of Consistently Applying a Social Media Policy
The employee was dismissed for forwarding pornographic material. He maintained he was only forwarding material passed onto him by others in the company, who had not been dismissed and he only engaged in this activity to disguise his homosexuality. Through the EAT he won reinstatement. The respondent appealed the decision, firstly through the Circuit Court and then in the High Court. The High Court upheld the decision and awarded compensation of arrears of wages, for a variety of reasons, one being the fact the employer was aware that sending inappropriate emails was a rising trend but had not implemented a detailed social media policy. It concluded that the bank ought to have notified all employees of the issue with sending such emails and the likely sanctions that could follow, up to and including dismissal, particularly if a zero tolerance policy was to apply. Reilly -v- Bank of Ireland
Bright Contracts - Employment Contracts and Handbooks
