Employers- Don’t le
t a court order you to pay for cyber-bullying and harassment!
Social media has many benefits to offer in any workplace. On the other side of the coin though, social media also exposes an employer to numerous risks. These risks need to be managed through a comprehensive social media strategy or an employer may find itself having to pay for the “social sins“of its employees.
Risky Business
Cyber-bullying and cyber-harassment (which includes sexual harassment) are recognised forms of discrimination in our law. These acts if committed by employees can spell risky business for the employer. Examples of cyber- bullying include:

- Malicious or threatening emails or SMS communications to an individual’s phone or email
- Electronic communications that feature offensive content like explicit images or jokes/comments about race, religion or sexual preference
- Electronic communications aimed at correcting or providing feedback to an individual that are copied to a group with the effect of publicly shaming or demeaning the individual
- Malicious or threatening comments to or about an individual posted on social networking sites
- Sharing embarrassing, offensive or manipulated images or videos of an individual
- Screen savers or desktop backgrounds featuring offensive content
- Firstly the employer should have a policy dealing with harassment in the workplace. In terms of the Employment Equity Act, harassment is a form of discrimination and the issue of cyber-harassment may be dealt with as part of the employers Equity Policy or separately;
- Secondly, the employer must take steps to investigate and act upon complaints of harassment from employees. Interestingly S60 of the Employment Equity Act provides that the employer will be held liable if it is made aware of an act of unfair discrimination and fails to act upon it. This is known as strict liability.
- Thirdly the employer should have a social media policy which clearly sets out the employers expectations in respect of the use of social media inside and outside of the workplace;
- Fourthly the employer should have a disciplinary code that makes it clear to employees that their actions outside the workplace, which have a negative impact on the workplace, are subject to disciplinary action. It is trite law that employees may be disciplined for their behaviour outside the workplace if it negatively impacts the workplace;
- Fifthly, employers should provide social media training to employees, which enlighten employees to the positive and negative aspects of these tools and the potential consequences for deviations from what the company has stated as being acceptable.
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