Facebook usage even outside working hours can be misconduct.

September 7, 2011

in Employment

The Employment Relations Authority (ERA) have recently confirmed than an employer is entitled to be concerned about comments made by an employee in respect to fellow employees of an inappropriate nature on Facebook even though the comments posted on Facebook were outside working hours.

The ERA took the view that the comments were of such a nature that they were inappropriate for an employee to be making in respect to fellow workers and in relation to the workplace generally. The fact that they were made outside working hours does not mean they could not constitute misconduct.

In this digital age this is a salient reminder that an employee should always be cautious about what is said or done on the internet. The digital age exposes all information to scrutiny and if those communications or actions on the internet are inappropriate in the workplace they will be inappropriate potentially on the internet.

Paul Farry
09 379 0055 or 03 477 8870

The information contained in this publication is intended as a guide only.  It does not constitute legal advice and should not be relied upon as such.  Professional advice should be sought before applying any of the information to particular circumstances.  While every reasonable care has been taken in the preparation of this publication, Farry and Co. does not accept liability for any errors it may contain.

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