Peter Fletcher

  • About
  • Blog
  • Contact

Linfox case shows courts will rely less on claims of employee ignorance

February 22, 2013 by Peter Fletcher

I’ve often likened Facebook as a pub conversation. While the analogy is useful in describing the social aspects of online interaction, the courts in Australia take a different view.

Making comment on the decision of the Full Bench of Fair Work Australia in Linfox Australia Pty Ltd v Glen Stutsel [2012] FWAFB 7097, law firm partners Paul Burns and Kate Jenkins state:

The Full Bench observed that the electronic form of the conversations gave the comments a different characteristic and a potentially wider circulation than a pub discussion. The Full Bench noted that employees ought exercise considerable care in using social networking sites, highlighting the fact that the relevant comments were published to a wide audience (including Linfox employees), the ease of forwarding comments on to others and the permanent nature of those comments.

Importantly for employees, Burns and Jenkins believe that courts will place diminishing weight on claims that employees were unaware of the consequences of their Facebook activities. Employees can no longer expect that their Facebook profile is their personal space to say whatever they like. Rather, they have responsibilities to behave in accordance with their corporate policy and thus protect their job.

Take a moment to share:

  • Tweet
  • Email

Related posts:

  1. Slow-to-act hairdresser loses unfair dismissal claim Smart businesses have a social media policy. But they don’t...
  2. Goodbye Bounded Entity! How Employee Blogging Transcends and Alters Organisational Boundaries Bounded entities – those discrete organisations that have artificial communication...
  3. Have a blog, lose your job? It seems that bloggers can’t slag off their bosses whenever...
  4. When the Blogger Blogs, Can the Employer Intervene? The New York Times: TOM ZELLER Jr. Citing an example...
  5. Comscore report shows Facebook users highly engaged According to Comscore’s latest ranking of top online properties for...

Filed Under: Policy Tagged With: Facebook, FWA, Linfox, Policy, Stutsel

About Peter

Speaker, trainer and coach. I write about living, loving and working better. Love a challenge. More...

Subscribe

Get the latest posts delivered to your inbox.

Recent Posts

  • Perth property market report
  • Mandating madness: The case against compulsory e-conveyancing
  • PEXA: Stop treating conveyancers like idiots
  • Page 1 of 365
  • Looking back, looking forward

Top Posts & Pages

  • Foucault on power relations
  • Foucault on Confession
  • Why saying "You've got potential" can be the worst thing to say
  • Post-panopticism | Boyne
  • The parrhesiastic contract
  • Jacob's Ladder: 10 laps sub-30 minutes
  • Julia Gillard Likes the Sound of her Own Voice and I'm Not Sure Why
  • Home Page
  • Is Neil Jenman feeling a tad insecure?
  • Can blogging be called parrhesia?

Location

You can find me at Residential Settlements in Burswood.

5/170 Burswood Road
Burswood WA 6100

Let’s catch up

If you're ready to take your business to the next level, get in touch with me now.

Send me an email using the contact form or call me direct on 0419 538 838.

Connect

Connect with me on one of these social networks.
  • Facebook
  • Google+
  • LinkedIn
  • Tumblr
  • Twitter

Copyright © 2021 · Agency Pro Theme on Genesis Framework · WordPress · Log in

loading Cancel
Post was not sent - check your email addresses!
Email check failed, please try again
Sorry, your blog cannot share posts by email.