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 2026SOCIAL 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).
Was your dismissal unfair? Learn the eligibility rules, 21-day deadline, high income threshold ($183,100), remedies, and how to apply to the Fair Work Commission.
Unfair Dismissal Australia — Can I Claim? Full Guide (2026)Everything you need to know about unfair dismissal in Australia. Eligibility, how to lodge a claim with the Fair Work Commission, time limits, remedies, and what to expect.
Unfair Dismissal Australia: Time Limits, Eligibility & How to ClaimComplete guide to unfair dismissal claims in Australia. Covers eligibility requirements, the strict 21-day time limit, the Fair Work Commission process, remedies including reinstatement and compensation, and the small business fair dismissal code.
Embed this calculator on your site — free
One line of HTML. Auto-updates with the latest Australian rates. Click to copy the code.
Copy & paste into any HR blog, payroll docs, intranet, or CMS.
<iframe
src="https://fairworkmate.com.au/embed/social-media-firing-check?partner=YOUR_NAME"
width="100%"
height="700"
frameborder="0"
loading="lazy"
title="Can I Get Fired For This Post? by FairWork Mate"
style="border:1px solid #e2e8f0;border-radius:8px;max-width:680px;"
></iframe>YOUR_NAME with your site identifier for attribution (optional).Get notified when rates change
Free alerts when minimum wage, award rates, or workplace laws are updated.
Free forever. No spam. Unsubscribe anytime.
FairWork Mate is an independent commercial service. We are not affiliated with, endorsed by, or associated with the Fair Work Ombudsman, the Fair Work Commission, or any Australian Government agency. Content is general information and estimates only — not legal, financial, or tax advice. Always verify with the Fair Work Ombudsman (13 13 94) or a qualified professional.
Free tools surface the issue. Our partners help you solve it.
Authorised Employment Hero Partner
Australian HR, payroll, rostering and award interpretation in one platform. Used by 300,000+ businesses. Fixes the underlying payroll/compliance issues our calculators surface.
Best for: SMEs that have outgrown spreadsheet payroll or want automated award interpretation.
See Employment HeroLaw Tram — lawyer matching
Matched with the right Australian lawyer for your situation — unfair dismissal, underpayment, workplace injury, debt, tenancy and more. Many lawyers offer a free first consult and no-win-no-fee arrangements.
Best for: anyone whose workplace or personal legal issue needs proper advice, not just a calculator.
Find a lawyerIT, Microsoft & cyber partner
Microsoft 365, Copilot rollouts, Essential Eight, Privacy Act 2026 and board-level cyber compliance for Australian SMBs. Where pay and HR end, your data and IT obligations begin.
Best for: SMBs running on Microsoft 365, anyone hitting cyber/privacy compliance, boards wanting an outside read on IT risk.
See FrontrowAffiliate partners — commissions fund the free tools on this site. We only recommend partners we've vetted as a good fit for Australian workplaces.