Real Estate Investor Magazine South Africa May/June 2019 | Page 22

TECHNOLOGY
Social media and
the workplace
Policies necessary to avoid reputational damage
BY NICOLA BOUCH
T
he use of Facebook, Twitter, LinkedIn and other social
media is growing at an exponential rate and is here
to stay. With this explosive growth social media has
become increasingly relevant in the workplace too.
There are many positives associated with social media for
employers, including improved internal communication,
company branding, increased public visibility, enhanced ability
to reach customers, employee motivation and reward, and
more.
Social media however is a minefield for both employers and
employees. How do employers manage the use of social media
to ensure the best business benefit and protect their business
at the same time? How do employees ensure that a “harmless”
post whilst at home does not lead to the termination of their
employment due to misconduct?
It is important to understand that in terms of the South
African Constitution, no right is absolute, and the right to
freedom of expression must be balanced against the right of
others to dignity, freedom and equity. In the South African
context, we must also take into consideration the interplay
between the use of social media and legislation such as the
Promotion of Equity and Prevention of Unfair Discrimination
Act (4 of 200) and Employment Equity Act (55 of 1998)
The onslaught of social media creates various risks for both
employers and employees.
Employers can have their reputation irreparably damaged
by the actions of an employee on social media. A company’s
brand can be destroyed through inappropriate postings by an
employee. These postings can be malicious or merely negligent
without thought of the consequences to one’s employer.
Confidentiality breaches, whether intentional or negligent,
have increased enormously with the use of social media.
Cyberbullying and harassment in the workplace can lead to
cases of constructive dismissal, where sometimes inadvertently,
management are aware of or associated with the bullying or
harassment.
Lost productivity or time wasting associated with the use
of social media during working hours is a common concern.
Constant access to social media during working hours can be
distracting, and exposing the company to viruses, scams and
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MAY/JUNE 2019 SA Real Estate Investor Magazine
hacking that originate on social media, is a serious business
risk. There is the concern too, as an employer, of being
vicariously liable for your employee’s action where they have
posted defamatory comments.
These are but a few of the concerns.
Employees can likewise be at risk of falling foul of their
employers without even realising it.
Employees may believe that they can post whatever they
want outside of the workplace and working hours. Employees
may post after hours thinking that they are ‘safe’ as they are
posting in their personal capacity and time, but this could
actually constitute misconduct resulting in dismissal.
It is imperative for employer to have a clearly communicated
social media policy to reduce legal issues and public relations
nightmares, but equally to ensure that employees are aware of
what is acceptable social media usage.
Social media policies should:
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Give employers the right to monitor information
posted by employees on social media, even after hours;
Make a clear distinction between business and private
use;
Make it clear that company networks, computer
systems and social media platforms are for business
use only;
Define irresponsible conduct on social media and the
consequences thereof;
Make it clear that the posting of discriminatory,
derogatory or offensive material (whether generally
or about the employer or fellow employees) will
constitute gross misconduct;
Clearly state that personal use of social media whilst
at work amounts to time wastage; and
Make it clear that irresponsible posts can damage the
reputation or brand of the employer; and can breach
data protection, privacy and defamation laws.