Social media misuse: Who is liable under discrimination law?

Key Points:
If an employer does decide to give its employees access to social media it is important to manage expectations and behaviours by setting out and communicating clear boundaries and conditions of use.

Blogging, updating your status and tweeting have become an important part of human interaction.

Social media is also making its presence felt in the workplace, and, increasingly, in workplace laws. Facebook profiles have been tendered as evidence in workers' compensation cases, and employers have even dismissed employees through Facebook.

Fair Work Australia has been called upon to decide whether dismissals were unfair when:

• an employee posted a disparaging blog about an employer;