Social media has completely redefined the way in which we communicate and share our ideas and convictions with the world. And if you love social media, you are not alone, and the number of users is growing fast. 

It is estimated that by 2021 there will be 3,02 billion monthly active social media users.

Research has shown that people spend approximately 135 minutes per day on social networks. Social media has also dramatically affected the employment landscape.

Employees are also increasingly being disciplined by employers for posts made on their private Facebook accounts.

The situation is further complicated by the fact that employees are not always sure about what they may and may not do on social media. Most employers will have a social media policy in place. This policy will regulate social media usage by employees and will further set out how employees are to conduct themselves on social media during working hours or when using the company’s devices. Employers use its social media policy as guideline when disciplining an employee for social media usage during working hours.

That being said, employees often operate under the impression that they can post whatever they like on their private Facebook accounts outside of working hours without any repercussions.

The reality is that an employer can discipline an employee for something that he or she posted in their personal capacity outside of working hours.

When may an employer discipline an employee?

The employer may take steps against an employee for something that was posted on his / her private Facebook page if:

The employee “bad mouths” his/her employer. Keep in mind that you may be disciplined even if you don’t mention the employer by name. It is enough to get you in trouble if anyone can identify that you are referring to the employer.

The employee’s post brings the employer’s name into disrepute.

This happens where the online conduct of an employee outside of the workplace is associated with that employer, meaning that the post made by the employee harms the good name of the employer or causes damage to its name. An example of this will be where an employee gets involved in a fight with a customer on Facebook. Another example is where an employee posts photos or videos of themselves doing something illegal whilst in work clothes.

The public or a customer brings something that you posted on your personal Facebook to the employer’s attention and exudes pressure on your employer to take disciplinary steps against you.

The post causes disruption to the workplace, such as racist remarks.

Important things to remember

When posting on your private Facebook page (even if you are at home) give some consideration to your post before publishing it. If it could offend someone, is racially charged or concerns your employer, think very carefully before posting it as it could very well land you in serious trouble.

Make sure that your privacy settings on Facebook limits the audience of your post to “Friends only”. You can find the privacy settings at the bottom of your Facebook page.

Remember that setting your privacy settings to “friends only” does not mean that no one can share your post.

If your employer has a social media policy in place, make sure that you familiarise yourself with the content and that you adhere to it.

Refrain from listing your place of employment on your “about page” this way people won’t link what you post on Facebook with your employer.

Has a social media post landed you in hot water? Remember MISA is always there to help and represent you at your disciplinary hearing or to just advise you.

Lizel van Deventer LLB (NWU) Associate - Gerrie Ebersӧhn Attorneys

Return to main article