In a digital age where there are billions of active social media users globally it is conceivable that employees engage in activities and posts on media platforms, that may result in their dismissal. However, an employee’s social media posts can also be scrutinised outside of the misconduct space. In Nilan v Nthabeni (2017) 5 BLLR 521(LC), the South African court considered an employee’s social media post to decide whether the employee’s resignation was due to his desire to work for a competitor or to his wife having an affair with his employer.
Data processing and storage: Protection of Personal Information (POPI) and your social media account
The South African Protection of Personal Information Act, 2013 (POPI), which protects the processing of personal information by public and private bodies, is much like similar UK and EU legislation. It was signed into law in November 2013 but is not in full effect yet. Once the Act is made effective, companies will be given a year’s grace to comply with the Act, unless this period is extended as allowed by the Act.
How to use social media – and the consequences if you step out of line
In South Africa, employees are under the mistaken belief that what they do in their time away from the office, specifically on social media, is private and beyond the reach of their employer’s control.
They fail to consider that they could face disciplinary action for their online rants and comments. This could be fatal to their employment. The reality is that with the escalating use of social media during working hours as well as outside of company time, employees are regularly coming under fire for what they post online.