ARTICLE · 30 JUNE 2013

Unfair dismissal and Facebook

Employee Assist

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Unfair dismissal applications involving Facebook have increased with the proliferation of social media and networking.

AustraliaEmployment and HR

Amnon Kelemen

Unfair Dismissal applications involving Facebook have become increasingly frequent with the rapid proliferation of social media and networking. In a recent Facebook dismissal case, the tribunal commented that "postings on Facebook and the general use of social networking sites by individuals to display their displeasure with their employer or a co-worker are becoming more common".

There are now several high-profile cases where the Fair Work Commission has considered whether it is unfair to dismiss an employee because of what they have posted to Facebook and what is 'private' in the digital age. Those decisions provide valuable guidance on how the Commission deals with this rapidly evolving space.

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