The social media policy re-examined

The social media landscape continues to shift, with a growing body of industrial relations cases offering some new insights into what policies businesses need to put in place.

SmartCompany recently reported on a decision handed down by Fair Work Australia (FWA) in which a company successfully defended the sacking of an employee for inappropriate use of Facebook.

The article (‘Are you monitoring your employees’ social media use?’ by Peter Vitale) pointed out that the company’s policies, which prohibited employees from using “offensive language” or resorting to “personal abuse” or threatening behaviour, assisted the company in justifying the termination of the individual’s employment.

The post in question was clearly a breach of the company’s policies: “how the f*ck work can be so f*cking useless and mess up my pay again. C..ts are going down tomorrow”.

Deputy president Swan deemed the comments constituted serious misconduct and the employee’s dismissal was upheld.

Most business already have an IT policy in place, and nearly all businesses (particularly post Fraser-Kirk v David Jones) have a discrimination, harassment and bullying policy (DHB Policy). So does your business really need a social media policy? And if so, what should it include?

Alternatives for social media policies

Many businesses are adapting to the ever-developing world of web 2.0 by putting in place a comprehensive social media policy. Whether or not it’s necessary for your business is dependent upon how your business uses social media. For example, if your business is actively encouraging your employees to use social media to promote your business’s services or products, it’s going to be necessary to clearly communicate to your employees how you do/don’t want them to use social media. A comprehensive social media policy may be of use to both your managers and employees, particularly when you’re entrusting your employees with the reputation of your business.

Most businesses, however, are more concerned with limiting the use of social media by employees, and want to know what can be done to harness its negative influence in the workplace. Whether it’s because employees are wasting valuable working hours on social media, or because it’s being used as a tool to bully co-workers, it’s a liability that your business should address.

Rather than draft a comprehensive policy on the topic, an alternative for your business is to update existing IT or DHB policies. A well-drafted paragraph on the topic may be able to succinctly sum up your business’ expectations on usage.

As deputy president Swan said in the aforementioned case: “…common sense would dictate that one could not write and therefore publish insulting and threatening comments about another employee…” As such, your business may not need a comprehensive stand-alone policy on the subject, but so that your business has more than just common sense to rely upon, here are some tips for policy drafting.

Social media policy pointers:

1. Purpose: The purpose of the policy should be clearly communicated upfront. Are you encouraging employees to communicate using an online tool? Or are you banning social media usage in its entirety? Regardless, you need to clearly communicate the purpose of the policy.

2. Expectations and consequences: Clearly specify expected standards of behaviour AND consequences for breaches of the policy. Many a good company has failed on this last point. An employee must be advised of the potential ramifications of breaches.

3. Cohesiveness: Link up policies so employees understand their interaction. For example, how do your IT and DHB policies interact with your social media policy?

4. Equal access: Ensure that all employees have access to your policies. Don’t just leave them in the employee handbook, or on the intranet in among the petty cash claim forms. Regularly discuss policies in team meetings and allow time for discussion. Controversial topics may generate heated debate, so be willing to take into account the varying views, and be equipped to defend your business policies where necessary.

5. Notification: Notify your employees of the existence of a new policy and educate them on it. Also, if your business is going to be monitoring employees’ usage of social media it will need to comply with the applicable state-based privacy and surveillance legislation. The business will most likely be required to notify employees of any monitoring before the monitoring begins. Seek advice on this topic as it varies between states.