1. Are Your Employees Sabotaging You on Social Media?
Wednesday, 27 September 2017

2. In the studio today: Joe Murphy Director
Australian Business Lawyers & Advisors

3. Agenda Social Media and Business Forms of Sabotage The Risks
Prevention
Clean up

4. Social Media and Business

5. Social media What is social media and who is using it?
How does it impact your business?

6. Stats: Social media in the workplace
The 2016 WorkplaceInfo Social Media Index found:
43% of employers monitor employee usage of social media
Only 40% of employers have social media policies

7. Explosion of devices

8. The new reality for employers+ =
Explosion in Social Media
Explosion in mobile devices
Great Opportunities and Great Risks

9. Forms of Sabotage – Part 1
Intentionally inappropriate postings (the ‘disgruntled employee’)
Well-intentioned but inappropriate postings (including ‘off-brand’ employee advocacy, misleading and deceptive conduct)
Employee complaints about the Company
Release of confidential or sensitive information

10. Forms of Sabotage – Part 2
Theft or dissemination of company contacts
‘Identity theft’: ex-employees posing as the Company
Conduct which compromises online security.

11. The Risks Reputational: “It’s gone viral”
Release of confidential or sensitive information including theft or dissemination of company contacts
Exposure to malware
Employee culture

12. Prevention: What can we do?
Social Media Policy
Workplace Surveillance Policy
Employee Contracts
Monitoring
Training / awareness activities
Security measures

13. Social Media Policy
What is the company’s relationship with social media?
What are the objectives?
What is social media?
Who owns what?
Ground rules for what employees can say as individuals?

14. Social Media Policy Who speaks on behalf of the Company
Ground rules for sensitive topics
Company expectations for ‘likes’ and ‘shares’
Departing employees?
Training

15. Workplace Surveillance
Requirement for Policy;
Creation of system e.g. Alerts etc.

16. Employee Responsibilities
Obligations under Employment contracts:
express contractual obligations e.g. compliance with policies; and
relevant implied duties.

17. Confidentiality obligations
Implied Contractual duty of Fidelity
Equitable Duty of Confidence
Express Contractual Confidentiality Obligations
Corporations Act

18. Ownership of IP in an employment context
General rule: IP is owned by employer where it is created in the course of employment
That presumption can be displaced by agreement to the contrary (e.g. Universities)
Rights can be clarified in employment contract

19. An emerging area: who owns social media contacts?
Ownership of social medial accounts on LinkedIn, Twitter, Instagram will depend on who the account is established under
Ownership of contact lists derived from sites is more complicated:
Why was the account set up?
When was it set up – work time or personal time?
Are personal or work s used as the contact details?

20. Security measures during employment
Workplace surveillance practices must comply with relevant State/Territory surveillance legislation
Document security protocols (restricting access)
Must take all reasonable steps to keep Confidential Info confidential – once in public domain difficult to enforce confidentiality obligations

21. Cleaning Up after Sabotage
Brand rehabilitation
Client engagement
Legal action against employees

22. Cases
Fitzgerald v Dianne Smith t/as Escape Hair Design [2010] FWA 7358
Starr v Department of Human Services [2016] FWC 1460
McIntyre v Special Broadcasting Services Corporation T/A SBS Corporation [2015] FWC 6768

23. visit www.hradvance.com.au
Need more information?
visit
Social Media Policy template:

24. Thank you!