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ARTICLE · 31 AUGUST 2011

Offensive Facebook Posting Leads To Dismissal

A warning of the perils of posting offensive comments on social media sites.

AustraliaEmployment and HR
David Kew (Previously With Kott Gunning)
David Kew (Previously With Kott Gunning)
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The perils of posting comments about fellow workers on social media networks are highlighted in Damian O'Keefe v Williams Muir's Pty Limited T/A Troy Williams The Good Guys where the applicant (O) allowed his frustration at not being paid his correct commission entitlements over a period of months to boil over into the following Facebook posting:

"(I wonder) how the f*ck work can be so f*cking useless and mess up my pay again. C..ts are going down tomorrow."

The Respondent's concern was that:

  1. an employee had called a female employee a "c..t" and had done so publicly on his Facebook page where other employees could see it; and
  2. the reference to "c..ts are going down tomorrow" constituted a threat to the Respondent's Operations Manager (T) who was responsible for sorting out the commission payments.

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