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Organisations should bring the policy to the attention of all employees and take disciplinary action in the event of a breach.
Consider the following steps when implementing a university social media policy:
Clearly identify who and what conduct
1 2 the policy covers. Prohibit employees from associating themselves with the company via private social media accounts without prior consent.
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Confirm that the policy applies at all times, whether or not the employee is on work premises. Confirm that staff who are professionally representing the university in social media must conduct themselves in accordance with all university workplace policies. For example, the individuals must disclose themselves as staff and use an official account.
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Include provisions relating to websites that publicise or reference the university. For example, ensure that a supervisor approves beforehand any social media websites that intend to represent the university.
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Include provisions that any official university social media content must comply with applicable university style guides and protocols.
COMMUNICATION IS THE KEY It is important to remember that even the most well-drafted policy cannot be enforced if the university has not effectively communicated it to employees.
Having employees sign an acknowledgement of the policy to retain in their employment file will assist in safeguarding against any later claim that the employee was not sufficiently notified of the policy.
A recent decision in Pearson v Linfox Australia Pty Ltd [ 2014 ] highlighted the importance of regulating workplace policies. The employee, Pearson, had crossed out“ I understand” and replaced it with“ I refuse to sign” in Linfox’ s workplace policy agreement.
He was dismissed from his employment after receiving a series of warnings for breaches of workplace policies and for his refusal to sign. Upon termination, he brought proceedings for unfair dismissal.
The case was dismissed on the basis that employers have the right to issue lawful and reasonable directions to employees. In respect of the policy documents, the commissioner noted that it was“ a legitimate exercise in acting to protect the reputation and security of a business”.
Compare this decision with the previous case of Stutsel. If a social media policy had been in place outlining Linfox’ s position in relation to inappropriate social media use in 2011, Stutsel’ s conduct also may have constituted serious misconduct warranting termination.
REGULAR MONITORING AND SUPERVISION To assist in enforcing the social media policy, universities should ensure that a stringent internet usage policy is also in place, including provisions dealing specifically with social networking. This policy should be read and understood by all staff and signed, in addition to the social media policy.
Here are guidelines for monitoring and enforcing social media policy:
Ensure that all official social media
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3 networking accounts are monitored. The social networking policy should be reviewed regularly to ensure compliance. Training sessions should be conducted with employees prior to, and periodically during, their use of the university’ s social networking accounts. Limit the number of employees who
4 have access to the university’ s social networking accounts.
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If practical, posts should be approved by someone with authority before they are posted on the university’ s social page and / or account.
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If employees are required to use the university’ s account, it is recommended that management supervise the process. The password should be updated regularly and all email notifications should be sent to someone in a position of authority.
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Limit the number of joint / multiple accounts associated with the official university account to avoid accidentally publishing in the wrong account.
KNOW THE LIMITS OF YOUR POWER It is important to remain mindful that a social media policy isn’ t an avenue for employers to regulate any and all social media use by staff.
In Wilkinson-Reed v Launtoy Pty Ltd trading as Launceston Toyota, a manager contacted her boss’ s estranged wife via a private Facebook message. Her employer logged into his wife’ s Facebook account and found the comments, which contained negative views of him. The manager had been close friends with the wife; nevertheless, she was terminated from her employment on the basis that she had breached the company’ s social media policy.
The employer’ s policy contained a provision that employees should not make derogatory comments about the company, colleagues, customers or suppliers on the internet. However, the commissioner found that the communication did not breach the policy and stated that,“ While the Facebook conversation may have been conducted by means of social media, it was in the manner of a private email.”
What’ s evident from the cases above is that universities, being businesses, must establish policies that clearly set out expectations of their employees’ use of social media, and it is important that these policies are brought to the attention of all workers.
If you become aware that an employee has made comments about their employment on a social networking site, consider the severity of the statements before taking action. It may be a natural inclination to move to immediate disciplinary action, but it is far better to make a realistic assessment in order to minimise the risk of litigation when an employee challenges his or her termination. ■
Sarah Hedger is a solicitor in the employment and safety team at Colin Biggers & Paisley Lawyers.
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