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Can I Get Fired For This Post?

Pick the post type, account and identifiability. See the leading FWC + Federal Court case on point, the test the Commission applies, and the likely outcome. Built on Rose v Telstra and post-2010 social-media precedent.

Last verified: 16 May 2026

SOCIAL MEDIA FIRING — CASE LAW LOOKUP

Tell us about the post and we'll tell you the test the FWC and Federal Court apply, the leading cases on point, and the likely outcome. Based on Rose v Telstra (1998) and the post-2010 social- media unfair dismissal cases.

High risk — often upheld

Leading precedent

Pearson v Linfox [2014] FWC 446; Mayberry v Kijani Investments [2014] FWC 8723; Banerji v Comcare [2019] HCA

The test

Public, identifiable criticism of an employer or named managers is typically a valid dismissal reason where: (a) the employer has a clear social-media policy, (b) the employee was on notice of it, and (c) the post damages the relationship.

Why this verdict

Once you're publicly identifiable AND publicly critical AND breaching a policy, the FWC consistently upholds the dismissal. The exception is where criticism is substantively true and relates to a workplace right (which moves into general protections territory).

This tool uses the post-2010 FWC + Federal Court case law on social-media-related unfair dismissals. Every dismissal case is fact-specific — these are the typical outcomes, not a guarantee. For a high-stakes matter, get advice from an employment lawyer.

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General information and estimates only — not legal, financial or tax advice. Always check your specific award, agreement or contract, or a qualified professional, before you rely on the result.

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