Michael Byrnes quoted in HRM Online article | Freedom of speech in the workplace: a legal refresher
Michael Byrnes — Partner, Employment & Workplace Health and Safety is quoted in HRM Online article, Freedom of speech in the…
Michael Byrnes discusses whether an employer can sack you over what you say anonymously on social media with Chris Smith on radio 2GB and 4BC on 22 March 2019.
A High Court case will decide whether an employer can sack you over what you say anonymously on social media.
Public servant Michaela Banerji had worked for the Department of Immigration and Border Protection for seven years when she was fired in 2013. Her employer discovered she was behind an anonymous Twitter account that had been highly critical of the government. Ms Banerji appealed her sacking to the Administrative Appeals Tribunal, who found she was unlawfully fired and ordered her compensation. But the Federal Government is appealing the decision in the High Court.
Michael Byrnes says the case will determine to what extent an employer can control what you say on social media. “There are both public and private sector employees who argue… that social media policies and guidelines are an incursion into their freedom of speech.”