Social media, unfair dismissal and the regulation of employees’ conduct outside work

The growing use of social media presents many challenges to the employment relationship. One particular area is the potential for social media such as Facebook, Twitter and blogs to blur the boundaries between work and non-work life. A body of case law is emerging which deals with the intersection of social media and employment. This article examines unfair dismissal determinations of Fair Work Australia (now the Fair Work Commission) in cases in which the alleged misconduct by employees has involved issues to do with social media use. Legal developments in Australia suggest that social media is expanding the potential for employer regulation of employees’ private lives, but that, also, case law is suggesting measures to protect employees and employers against adverse consequences from their online activities.