I recently read Waine v Carnival PLC t/as P&O Cruises Australia [2022] NSWDC 650. This case may be of interest to students in my Torts Law class. The plaintiff was 15 weeks pregnant when she started to show signs of losing her baby. At the time she was enjoying a...
Social Media and Employment- Happy Colleagues or an Occupational Disaster?
Recent Blog Posts
Medical Negligence, Causation and Bariatric Surgery!!!
Woohooo…I am teaching causation in negligence actions again!! Causation is kinda cool but can also be super tricky… Essentially causation in a negligence action, relates to whether or not the defendant (alleged wrongdoer) caused the harm to the plaintiff (person who...
Duty of Care and Climate Change…
Nothing gets people more excited than talking about owing duties of care. For the uninitiated, duty of care in a negligence action relates to whether or not a defendant owes a legal duty to another. Within a negligence action, finding a duty of care is often easily...
Social Media and Criminal Law- Revenge Porn, Cyberbullying and Harassment!!!
This week we investigated the intersection between social media and criminal law in my Social Media Law course. I will be honest and tell you I was both appalled and confused by many of the cases and incidents which are cited relating to criminal activities which take...
OK…its quiz time…. have you ever thought about the following??
Can you check your Facebook/Insta page when at work? Can you contact work mates after hours and invite them on a date via social media? Is it a good idea to send that ‘pic’ to colleagues?? If you have really good privacy settings, can you vent about your job/manager on personal social media platforms??
Well the answers vary depending on your work context…well aside from one- it is never advisable to send a ‘d**k pic- in any context- in my humble opinion!!!’
In my Social Media Law course this week, we have been talking about what happens when social media and employment intersect. Social media usage is relevant to the full gamut of the employment landscape. In terms of pre-employment- recruiters and businesses often use social media platforms such as Linked IN to advertise employment opportunities. This of course has benefits for employers in terms of cost and efficiency. Some commentators have suggested that recruiting in this way has unintended discriminatory risks- such as only targeting a small section of our community. Employers often look at people’s social media profiles when recruiting as well- so if you are thinking of seeking new employment, it might be best to ‘clean up’ your socials!!
With the decreasing separation between work and home life, the social media usage of employees is increasingly becoming a problem. In some instances, social media use of employees outside of work hours and in their own time, can have significant ramifications on employment. Some actions are obvious- cyber bullying or sexual harassment of colleagues are two clear examples. Other examples, which may be less obvious, are the ramifications of downloading pornographic material on work owned equipment.
Finally, if you leave your employment, there are again significant implications. For example, if you set up the social media accounts for your boss or business, do you own these? Furthermore, if you are an employee and are about to start working at another competing business, can you announce on the business’ social media that you have a new job- and clients can get a discount if they follow you. Just as a heads up- in most instances you can’t!!
Social media usage can also have fantastic advantages for your career. There is no doubt ‘marketing’ yourself on Linked In can be an excellent option. Just make sure you keep your usage professional and don’t send any ‘pics!!!’