Facebook: implications for employers

Full Bench of Fair Work Australia upholds decision that a dismissed employee who made 'derogatory and offensive comments' on Facebook was unfairly dismissed

A truck driver with 22 years employment with an 'extremely good' record was dismissed by Linfox because of 'serious misconduct' following complaints about comments made on the driver's Facebook page about two of the company's managers.

The truck driver, who mistakenly believed his Facebook account was set to the highest available privacy settings and that the comments could only be seen by his 170 friends (many of which were also employees of the company), had material on his wall which included:

• a remark that his manager, who was a practising Muslim, was a "bacon hater";