What should you put into your social media policy?
Prohibit your employees from using your resources, e.g. computers, telephones, etc., for their own purposes during or outside company time. In Latchmish v Billiton Aluminium, an employee was found guilty of misconduct for repeatedly accessing pornographic sites and therefore abusing the employment relationship.
2. Creating disharmony and disseminating offensive or abusive material
When an employee circulates information that is racist, defamatory, sexist or pornographic, this constitutes gross misconduct. Racist comments are not only offensive but these create disharmony among employees.
In the case of Edgars v CCMA, the Labour Court accepted that sending a racist joke to a colleague was grounds for dismissal.
3. Derogatory statements
An employee who posts derogatory and offensive messages about your or your business may be found guilty of bringing the company into disrepute, which could lead to disciplinary action or an action for defamation.
This type of misconduct occurred in FOSAWU v Gold Reef City Casino where an employee was suspended for misconduct after he posted a status on Facebook that he was dismissed for being gay.
4. Breach of trust
In the case of E Booyse v Veilile Tinto Cape Inc, an employee was dismissed for posting a photograph of herself attending a competitor’s function. This might also occur where employees post information about activities at one location when they were actually supposed to be somewhere else, e.g. an employee calls in sick but actually goes on holiday.
