Posts on social media – Do they give grounds for termination?

An employee posts crude and offensive comments on social media. Can such a post give valid grounds for the termination of employment?

Do employer policies have a role in these situations?

These and other matters were examined in the recent decision of the Fair Work Commission in Somogyi.

The Facts

The worker was employed for just over a year, when his employment was terminated because of a statement he posted on his Facebook page.

The worker subsequently brought an unfair dismissal claim against his employer, alleging that the employer's managing director telephoned him one afternoon and he was told to "return all company property to the office" and that he was "fired".