Online Workplace Bullies

By: Duncan Hutchings, Esq. & Cameron Seymour, Esq.
Mullins Lawyers
Brisbane, Australia

Pure psychological injury claims are on the rise, and social media is partly to blame. Employers are rapidly having to upskill on the unknown topic of online workplace bullying in order to prevent and reduce claims.

Employers cannot control or prohibit employees becoming “Friends” on Facebook, nor can they stop them from becoming connected on social media sites (eg. Instagram, YouTube or Twitter). That being the case, what happens when an employee bullies another on social media?

We recently were involved in a claim where a staff member posted derogatory comments about a colleague on Facebook which, if done in the workplace, would have been considered bullying. The Claimant was not a Facebook “Friend” of the bully, but another employee (who was a “Friend”) brought the offensive post to the Claimant’s attention.

Posting comments and pictures via social media is, as the term suggests, inherently “social”, and frequently done outside work hours in the privacy of one’s home or on one’s smart phone.

However, although posts may be considered private and personal, the reality is social media is a public setting when co-workers (and friends of co-workers) are involved.

An employer’s Code of Conduct must extend to social media usage.

Employers’ social media policies must prohibit staff from making derogatory, harassing or insulting comments about each other and / or engaging in any conduct which, if viewed in the workplace, would be considered inappropriate.

Having such a policy in place, particularly one which specifies disciplinary action for breaches is the starting point for reducing and / or defending online workplace bullying claims.

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