Can an employer stop staff from posting comments in public forums?

One of the fundamental obligations of an employee is to comply with employers reasonable and lawful instructions. Some employers prohibit employees from making comments about controversial issues. Generally speaking, a policy which prohibits employees from commenting on public forums during work hours will be regarded as a reasonable and lawful direction. A sufficiently clear and unambiguous policy would stop that activity.

More difficult issues arise where an employee uses his or her own device and makes the comment in his or her own time. What right does an employer have to control that activity? Interesting issues arise about whether an employee has an implied right to freedom of speech.