Ms Wilkinson-Reed was the HR
manager at the Launceston Toyota, a position she had held for 18 years at the
time of her dismissal.
She was friends with the wife of
the current dealer principal.
The dealer principal and his wife
had separated.
The dealer principal issued a
directive to Ms Wilkinson-Reed and other employees not to discuss various
matters concerning the business with his wife as she (the wife) was not a
company director.
Ms Wilkinson-Reed was dismissed for
serious misconduct, part of which was said to arise from a Facebook
conversation between her and the dealer principal's estranged wife in which Ms
Wilkinson-Reed said:
1. The
dealer principal had taken a dislike to another employee;
2. Staff could not wait to
be able to say exactly what they thought about the dealer principal in a Toyota
sponsored anonymous survey;
3. Another person had told
her that the dealer principal was 'called tosser' in the motor vehicle world in
Launceston.
The dealer principal accessed his
wife's Facebook page through the use of her password without her knowledge or
consent and saw the exchange between Ms Wilkinson-Reed and his wife.
Commissioner Deegan found that Ms
Wilkinson-Reed had breached her duty of confidentiality by stating that the
dealer principal had taken a dislike to an employee but it was not so serious
as to justify dismissal.
Commissioner Deegan accepted that
the comments about the dealer principal were in a private conversation.
The issue in this case was not so
much about the medium by which Ms Wilkinson-Reed expressed her low opinion of
the dealer principal but whether the expression of such an opinion by a long
standing employee with an otherwise impeccable record was 'having a deleterious
effect on the workplace, its employees or the business of the employer'.
Commissioner Deegan decided that it
did not so as to warrant dismissal.
Taking into account that Ms
Wilkinson-Reed had held only 2 employment positions in 36 years and was 3 years
from retirement, he awarded her the maximum 26 weeks compensation available
under the Fair Work Act.
In my view this case demonstrates yet
again how the use of social media can affect ongoing employment. Users cannot guarantee privacy of
communication even if they intend them to be private.
Although the dealer principal
breached his wife's privacy by reading the Facebook conversation with Ms
Wilkinson-Reed this fact was little consolation to Ms Wilkinson-Reed who found
herself without a job towards the end of her working life.
The lesson is clear: only say
things on social media that you are happy for anybody to read.
Greg Doran
Director
Anyone seeking advice about workplace laws should contact Nevett Ford Melbourne Lawyers on 03 9614 7111.
Director
Anyone seeking advice about workplace laws should contact Nevett Ford Melbourne Lawyers on 03 9614 7111.
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