Because how employees present themselves online has become as important as their physical appearance at work.
1. WEEKLY INSIGHT
Warning for using Staff Social Media Content… One workplace poster, ‘Feel great – lubricate’, cost this company $200,000
Case Name: Yelda v Sydney Water Corporation; Yelda v Vitality Works Australia Pty Ltd
- In 2023, Ms. Yelda awarded $200,000 by the FWC for sexual harassment and discrimination.
- Incident involved a media safety campaign poster by Vitality Works for Sydney Water.
- Poster led to Ms. Yelda facing humiliation and mockery at work.
- Sydney Water criticised for inadequate response and failure to investigate.
- Ms. Yelda resigned due to psychological distress and employer indifference.
- Sydney Water and Vitality Works were found jointly liable.
- SEE THE POSTER HERE
KEY LESSONS FOR EMPLOYERS: Communicate the corrective actions to prevent recurrence (proper investigations) to your staff. Also, when using employee images in marketing materials, please ensure they are informed about how their likeness is used, including the context and style, regardless of intellectual property rights, to avoid violating employment laws.
2. HR/IR & LEADERSHIP
Companies’ IT policies should be more transparent about tracking employee communications.
- Young UK man in Australia nearly lost job due to inappropriate messages on company’s Skype.
- At 17, Willis was unaware that HR and management could access chat history.
- Conversations included swearing and comments on a female colleague’s attire, leading to her dismissal.
- Despite not making negative comments himself, Willis faced a disciplinary meeting.
- Willis advises using personal messaging apps for private conversations.
- Similar incidents shared by others highlight the importance of separating work and personal chats.
Workplace Surveillance Act (2005)
- Employers can legally read an employee’s private work messages.
- Employers must provide at least 14 days’ notice before starting surveillance.
- The notice must detail the surveillance type (e.g., CCTV, work messages), implementation method, start date, and duration (temporary or ongoing).
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4. WEEKLY TOP READS
