Be careful of what you post on social media this festive season

Just because it’s the festive season doesn’t mean you can go completely ‘crazy’; if you are an employee, you are still bound by a contract.

Anli Bezuidenhout, senior associate in the employment practice at Cliffe Dekker Hofmeyr, says employees need to be wary of their conduct over the festive season because they still carry an employer’s flag. She says if it is found that an employee fails to act appropriately, the employer may be permitted to take disciplinary steps against them.

Social media plays a huge role during the festivities and although it may be tempting to post certain pictures and posts, users should be conscious of how the content reflects on the company they represent.

Element of discretion

“There is an element of discretion that you need to have in your private space as an employee,” says Bezuidenhout. “If you as an employee go into a public space or onto social media [and post inappropriate content], then there is an argument that you have put it out there [into the public domain].”

She says those who have publicly declared who their employers are should be even more cautious on social media.

“That is really something to think about, because in the event that you comment on any posts or like any pages that may be considered inappropriate you have then, by your own conduct, linked [your opinions] to your employer,” says Bezuidenhout.

She adds that while it is important for employees to continue to behave in a professional manner during the festive season, employers are also obliged to have policies in place that prohibit employees from posting certain types of content that could be  damaging to the company’s brand.

Beware the offended customer

Bezuidenhout refers to a recent judgment – Edcon versus Cantamessa and Others – where the Labour Court found that a racist comment made by an employee while on leave constituted a dismissible offence.

She says in this case the employee had identified herself as a specialist buyer for Edcon on her personal social media account, and later posted comments referring to former president Jacob Zuma in rude, angry and racist terms.

Read: Can you dismiss an employee for posting a racist comment on Facebook?

She did this following a cabinet reshuffle in December 2015. Her comments gained traction on social media and resulted in a formal complaint being laid against her by an Edcon customer.

The Labour Court found that while the comment was made on the employee’s private account, it gained attention in the public domain – albeit to a limited extent. However, within that limited range, Edcon was associated with the employee’s conduct, which opened it up to reputational damage.

Working during shutdown doesn’t change the rules

Bezuidenhout says it can also be tempting for an employee to use the shutdown period to negotiate that salary increase they have been longing for, given that there may be fewer available employees working during this period.

She refers to case where an employee refused to do work during the shutdown period unless they were paid extra.

“Even if a company closes during the festive season, you remain an employee – the power dynamics stay,” says Bezuidenhout, adding that this applies to senior staff in particular.

“At a certain salary scale the employer expects employees to be continuously available or to stand in at short notice, but this may be at the employee’s discretion,” says Bezuidenhout.

It may be advisable for those in such a position to think carefully before asserting their rights.

It is important to switch off from work and have fun during the holidays – and wise to either act sensibly or to at least keep your social media activity within the realms of common decency.

Listen to Nompu Siziba’s interview with Monique Jefferson, partner at global law firm DLA Piper: