Internet And Social Media
An internet and social media policy is straightforward while it deals with work systems and work time. It gets difficult at the point it reaches into someone’s own account, on their own device, outside working hours.
Australian decisions in this area turn on connection to employment rather than on where or when the post was made. A sufficient connection can exist where a post identifies the employer, targets colleagues or clients, or damages the employer’s interests in a demonstrable way.
What that means for a policy is that a blanket claim over all personal posting is not defensible, and neither is silence. The workable version describes the connection, gives examples of what would and would not be caught, and says so before anything happens rather than afterwards.
Take advice before acting on an out-of-hours post, because these matters are fact specific.
The Fair Work Ombudsman publishes conduct guidance. This is general information rather than legal advice, and obligations vary by state and territory.
See Sentrient’s internet and social media course and HR policy templates.
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