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 ($190,100), 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.
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