We have seen over recent times high profile media personalities and sports people lose their jobs based on what they have posted or said on social media in relation to political and religious views.
Their stance in response to such sackings may include “it’s a free country”, “I was off the clock”, and “I am entitled to my opinion and my right to free speech”. Whilst Australia is a free country and they are entitled to their opinion, it is not without consequences, and legally enforceable consequences at that.
An employer cannot terminate an employee for expressing a political or religious view, as they will be in breach of the General Protection provisions under the Fair Work Act, however, employers also have a right to protect their business. If the comments made by employees on social media and other public platforms, whether during work time or outside of work hours, are likely to cause the business harm then the employer may terminate the employee’s position. If you have an employee posting questionable content, or you have been terminated for expressing a view, please contact our office because Helping You is Our Business.
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