Archive for 'Social Media'

Jul 02

TweetNot every comment made by an employee regarding their employment or their workplace, using social networks, amounts to an attack and justifies dismissal. The case of Mahoro V Indube Staffing Solutions clearly .illustrates this point.Post Footer automatically generated by Add Post Footer Plugin for wordpress.

Feb 06

Who owns your Social Media account? Not as simple as it seems.
Can an employer lay claim to an employee’s personal Social Media account? That is the question. Given the recent spate of judgements, emanating from the U.K and U.S.A it seems that the answer may well be yes! Those of you who want to know more read on.
If you joined me for the Social Media @ Work in November 2011, you may recall, that I specifically touched on the ownership of social media accounts when discussing the issues which need to be addressed in a social media policy. A brief look at the cases below will serve to re-enforce this need.

Jan 18

Exec. fired for posting C.V on LinkIn.
In early January we saw a “new” type of scenario emerge related to the use of Social Media in the workplace.

John Flexman, a former employee of the BG Group in the U.K , is thought to be the first person in the U.K to bring a case for constructive dismissal against a company, after a dispute with bosses over his profile on the professional networking site LinkedIn caused him to resign.

For those of you who need reminding, constructive dismissal occurs where an employee resigns because the employer’s conduct renders continued employment intolerable.

Dec 01

Renault South Africa has been nursing the wound to the Renault reputation following an email gaffe committed by an employee in a northern suburbs dealership.

A customer sent through an email to the dealership complaining that 3 of her vehicle’s coils had been replaced instead of just one (which she alleged needed replacing or which she was advised by Renault) needed replacing- I am not sure of the exact details-The customer was charged for all three replacements.

Nov 01

TweetI recently managed to view the arbitration award given in the second case to be adjudicated by the CCMA, concerning the alleged unfair dismissal of an Employee for comments made, concerning the Employer, on a social networking site. Ten chances to guess which site….. Facebook of course! Given that the award has not yet been […]

Oct 10

TweetSummary I have attached a link to a recent BMW case where the dismissal of an employee was upheld. The employee posted derogatory comments on a social networking site. The case raised a number of questions for me with regards to how the matter would play out in the South African context and some of […]

Oct 02

TweetSummary Many employers overlook social networking sites in conducting workplace investigations. These sites provide fertile ground for the discovery of evidence in disciplinary and other matters. I often tell clients that having a case is one thing, but proving it is another. Social Media can certainly provide a company with an advantage in this regard. […]

Sep 22

Unemployment – the cost of misusing social networking sites inside and outside the workplace
Can an employer discipline employees for conduct outside of working hours and unrelated to the workplace? Many employees claim that it is none of the employers business. While employers claim that it is their business if the conduct effects or impacts the workplace. What is the position in law and let’s look at this proposition in the social media context.

Sep 18

In my previous posts, I have mentioned the importance of developing a social media policy for your company. Policy development is not, or at least should not be, a cut and paste effort. A policy and procedure should be a living document that adds value. It should facilitate understanding among staff of company principles and how these principles will be applied. In short they must contribute to operational success.
It has sadly been my experience in the 10 years that I have been auditing and drafting policies and procedures, that many companies have elaborate and verbose policies and procedures pages and pages long, which say little, confuse a lot and hinder operations rather than facilitate them. It is also usually these very companies that complain that the “law” makes running a business so difficult! It’s not the law it’s the policies and procedures!

Sep 11

Don’t let 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.

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: