Your boss can fire you over a Facebook post: SA attorney

Swa

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This is only the opinion of one attorney. So PnP can claim they will get a backlash from customers because of something a shelf packer said? Don't think that will fly in court.
 

Wall

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This is only the opinion of one attorney. So PnP can claim they will get a backlash from customers because of something a shelf packer said? Don't think that will fly in court.

yep, balls. What I say in my personal capacity has no inference on my job.

My freedom of free speech can't be overriden because employers are scared of reputational damage.
 

Nick333

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This is only the opinion of one attorney. So PnP can claim they will get a backlash from customers because of something a shelf packer said? Don't think that will fly in court.

Was thinking the same thing. Davies is being a tad irresponsible making proclamations like this without a bit of case law to back up his claim - or he's been misquoted.
 

Ben_Dover

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Just get off social media, problem solved.

Social media is turning into a global hello peter where most people just air their laundry or share their worthless opinions while occasionally viewing a funny picture.
 

TEXTILE GUY

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Your boss can fire you over a Facebook post: SA attorney

An employer can dismiss a worker for inappropriate, insensitive, and racist content posted on social media.

I think this statement in itself is quite misleading.

Every case is determined on its own merit and the circumstances around the incident.

While the article cites a case to make the statement true - the GC case shows opposite.

The right thing to say is that an employer MAY HAVE GROUNDS for dismissal over a Facebook post.
Whether that dismissal is deemed proceduraly or substantively fair is another story all together.

The fact is that the freedom of expression is given in the constitution which has more clout than the LRA. (Supposedly).
 

Skerminkel

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M Net tried it, did not work.

They used the wrong argument by claiming that there was no contract and they had no obligations. (Not that I think they would have been able to argue actual racism anyway)
 
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grok

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If what I do in my own time gets viewed as company-related, boss is going to have to compensate me for being a 24hr company spokesman.

Counter-sue with back pay incoming..
 

access

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...so like

saying something bad about your employer on social media is almost the same as creating a poster and putting it up in the office cafeteria, or the front of the building.. etc.

that person should be approached as a disgruntled employee.

if there is a legitimate reason for this it should be addressed, otherwise the person should move to their next job, why do what you hate every day. It's in both parties best interest to go their seperate ways if the cause of the social outburst was out of pure malice.

unless its like incitement to violence or some crazy hitler rally call..
 

noxibox

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If you do as you should, and make sure your profile information is not visible, or even better don't mention anything about who you work for, how does the employee get associated with their employer?

“In this case, the adjudicator found that ’employees are considered to be employees 24 hours out of 24 hours at a congress’ and therefore, after hours consumption was as good as consumption during working hours.”
That would surely, under current South African labour law, require the employee to be informed of such in advance and duly compensated.

In another incident, an employer chose to fire colleagues who had had a fight outside of working hours.
Is this under current South African labour law, because here I expect the employer would have to have first tried to resolve the situation without terminating anyone's employment.
 

ISP cash cow

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Most of those examplesl shown are people that are still on company time but just outside of normal hours (company related), or talking directly about the people you work with ( company related) and the Gareth Cliff claim fell short in court, so I don't think it would just be as easy as being able to fire your employee.
 

Browser

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One of the more prominent incidents was that of media personality Gareth Cliff who was booted off the Idols show for tweeting on freedom of speech during the Penny Sparrow race debacle.

Wouldn't this be an example of how you can't fire/terminate a contract over such a thing, since the court effectively decided just that and ruled his employment/contact be reinstated, while also setting a legal precedent...
 

sox63

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If you do as you should, and make sure your profile information is not visible, or even better don't mention anything about who you work for, how does the employee get associated with their employer?

When people search the person's name, profiles on LinkedIn etc associate the person to the employer
 

C4Cat

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When I first read the headline I thought it said your boss could fire you over a facebook post.
As in, he could send you a facebook post saying 'you're fired!'
 
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