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‘What Are Pingers?’ Facebook Posts Sink Worker’s Unfair Dismissal Claim

‘What are pingers?’ Facebook posts sink worker’s unfair dismissal claim

A careless Facebook post has sunk a worker’s unfair dismissal claim in the Fair Work Commission.

The employer produced a series of damning screenshots of the young accountant’s Facebook page showing him partying on the nights before he arrived at work late.

The worker had no idea his employer had been monitoring his social media for some time before sacking him for regularly turning up to work late.

Facebook posts sink worker’s unfair dismissal claim

*Shane arrived late for work three times in six months, and as a result, his employer dismissed him.

Miles Heffernan, Director of Litigation at IR Claims, took the matter to trial at the Fair Work Commission, believing he had a clear case of unfair dismissal.

“From what we knew, the dismissal had been definitely unfair, so we thought the only appropriate action was to fight on for our client,” he said.

“He deserved to get a warning, or a final warning, but he didn’t deserve to get punted.”

‘What are pingers?’

However, on day two of the trial, things went awry when legal counsel for the employer produced a series of screenshots from Shane’s Facebook page.

One of the posts on a Sunday night before he turned up late on a Monday morning said:

“Who wants to get on it?”

And in another post, Shane wrote:

“I’m cooked”.

“The employer’s lawyer then asked Shane, ‘what are pingers?’, and what does it mean to ‘get on it?’, Mr Heffernan said.

Employer watching Facebook

The employer had been monitoring the Facebook page for some time, however, they had never disclosed this to Shane.

It also did not give him a chance to respond to any allegations, which the Fair Work Commission will consider in unfair dismissal claims.

“The reason they punted him was because he was out partying at dance festivals, and they knew it,” Mr Heffernan said.

“If they had put to him the reasons for dismissal, the case would never have gone to trial.”

As a result, the Commission criticised the employer for failing to provide procedural fairness.

Therefore, the matter went to immediate conciliation where the parties agreed on a confidential settlement.

Lock down your social media

Mr Heffernan said the case is a timely reminder to all employees to be careful on social media.

“You should be very cautious about what you post on social media,” he said.

“Never write anything that is critical of your employer, former employers, or their customers or clients.

“And never post photos of yourself partying or spending the day at the beach when you call in sick.

“It sounds like common sense, but you’d be surprised how uncommon common sense actually is.”

*name changed


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