SOCIAL MEDIA POLICIES:

What’s Your Status?  

Written by Katie Lynch, Legal Assistant

Social networking websites such as Facebook, Twitter, LinkedIn, blogger.com and YouTube (among many others) can be great tools for marketing and can improve communication with clients.  Indeed, more and more businesses are developing online profiles to take advantage of these opportunities. 

However, it is becoming increasingly clear that with the advantages of the communications revolution come pitfalls which have the potential to damage employment relationships.

Problems for the workplace posed by social networking websites

1.  Social networking websites can damage the reputation of a company
News travels so quickly over the internet that an employee’s opinions on anything, from clients to new uniforms to safety procedures can spread within minutes.  Even if disciplinary action is taken, the damage to a company’s valuable public image is often already done.

2.  Social networking websites can expose employees to disciplinary action
Under every contract of employment the employee owes an implied duty of loyalty and good faith to the employee.  Not only can social networking sites tempt employees to act in bad faith by making derogatory comments about their employment, but in many instances employers have used these sites to uncover instances of bad faith or other breaches of contract.  In 2008, Sydney telecommunications worker Kyle Doyle found this out the hard way when he was fired after “chucking a sickie” and then bragging about it on Facebook.

3.  Social networking websites can be a platform for harassment or bullying
Harrassment and bullying are made much easier by networking sites, and this problem can place employers in a very difficult situation.  On the one hand, if an employee complains to an employer about bullying, the employer must take action, or potentially face liability for any harm suffered as a result of the bullying.  On the other hand, if the employer acts too hastily to dismiss the bully, that employee may have a case in unfair dismissal.

4.  Social networking websites can expose a business to legal action by a third party
Thoughtless comments on a social networking site could possibly result in a claim against a company for defamation or breach of confidentiality.

5.  Social networking websites can be a drain on productivity
It is never a good look for an employee to be caught procrastinating on YouTube.  However, a 2009 study from the University of Melbourne indicates that employees are in fact about 9% more productive if allowed to surf the net in moderation.

Addressing the problems by developing clear rules for the workplace

Many workplaces have addressed these problems by simply blocking all access to such sites, and in some cases the risks of inappropriate use of social media may justify the somewhat draconian approach.  However, for other workplaces, that policy may not be worth the effort, when one considers the advantages offered by social media and the fact that, given increased connectivity to social media through cell phones, employees who really want to check Facebook can do so.

A good policy to social networking sites will need to consider the risks above, and develop guidelines for educating employees so that they understand the kinds of comments that can harm a company and their position within it.

Disclaimer:   This Article discusses its topic in general terms only and should not be relied upon as legal advice.

Want to know more?  Please contact us by clicking here.
 


30 Year Anniversary

CONGRATULATIONS TO DENNIS on his recent 30 year anniversary for practising law in Taranaki.  Towards the end of 1981 Dennis returned from his OE and joined Till Greiner Lee & Co in New Plymouth as a staff solicitor on 12 October 1981 Dennis then became a partner of that firm on 1 April 1983.  Till Greiner Lee & Co changed its name to Till Henderson King in 1986 and Dennis was the senior partner at Till Henderson King from 1 April 1992 to 31 July 2006.  Dennis then founded Dennis King Law which opened on 1 August 2006 and is still going strong today. 

Dennis would like to take this opportunity to thank his clients for their support during the last 30 years.


Business Awards 2011 

Dennis King Law was proud to sponsor the Extra Large Business Award at the Westpac Taranaki Chamber of Commerce Business Awards last year.  Yvonne & Dennis and Claudia & Brent attended the award evening on 29 October 2011.

CONGRATULATIONS TO POWERCO who were the winners of this award.
 

Introducing

Katie Lynch - Legal Assistant

A local girl, Katie attended Sacred Heart Girls’ High before heading to Wellington to undertake her Bachelor of Arts at Victoria University.  She graduated with Honours in International Relations, and in 2010 moved to Australia to study law at the University of Melbourne, where she has just finished her penultimate year of study.  She is particularly interested in Employment law, and looks forward to studying Intellectual Property in 2012.

Outside work and study, Katie likes to keep active by running, training in tae kwon do, and taking walks with the dog.  She also enjoys playing guitar and spending time with friends and family.

Katie is thrilled to be working at DKL, and hopes to bring energy, enthusiasm and a positive attitude to her work experience.

tel  06 769 5328   email  katie@denniskinglaw.com 
 


Introducing

Aimee McGowan - Lawyer

Originally from Hawera, Aimee started off her university experience in Christchurch before moving her studies to Wellington.  After university, Aimee took her first job specialising in family law at a law firm in Levin, before moving back to her Taranaki roots to work for Dennis King Law.

An avid reader and keen road trip traveller, there are not many places in New Zealand Aimee hasn’t seen.  She also enjoys sports, especially rugby and netball, getting outdoors and spending good old-fashioned quality time with friends, her partner, Toby, and her son, Zac.

Bringing a feisty mixture of the Scots and Maori to the fray, Aimee is a keen learner and a hard-worker, bringing a smile and can-do attitude with her every day.

tel  06 769 5328 ext 5   email  aimee@denniskinglaw.com