Fired for Social Media Post? — Your Rights
Social media posts can be a valid reason for dismissal in some circumstances, particularly if they breach a social media policy, damage the employer's reputation, or constitute harassment. However, the dismissal must still be proportionate and follow fair process.
Social Media Post Can Be a Valid Reason for Dismissal
Social media posts can be a valid reason for dismissal in some circumstances, particularly if they breach a social media policy, damage the employer's reputation, or constitute harassment. However, the dismissal must still be proportionate and follow fair process.
When Is Dismissal for Social Media Post Unfair?
Dismissal for a social media post is unfair if: the post was made in a personal capacity and did not identify the employer, there was no social media policy or the policy was not communicated, the post did not actually damage the employer's interests, or the punishment was disproportionate to the conduct. Private posts with restricted audiences are treated differently from public posts.
General Protections
If the social media post related to exercising a workplace right (e.g., discussing pay, raising safety concerns, union activity), general protections may apply. Political opinion may also be protected under some state anti-discrimination laws.
Process Your Employer Must Follow
The employer must: (1) have a clear, communicated social media policy, (2) investigate the post and its context, (3) put the allegations to the employee and allow them to respond, (4) consider the severity — a warning may be more appropriate for a first offence, (5) consider whether the post was genuinely damaging to the business.
FWC Case Examples
In Linfox v Stutsel (2012), the FWC found that dismissal for Facebook posts about a manager was harsh because the posts were made in a personal capacity to a limited audience. Conversely, in Fitzgerald v Smith (2010), dismissal was upheld where racist posts were publicly visible and damaged the employer's reputation.
Steps to Take If Dismissed for Social Media Post
- Save screenshots of the post and any employer communications about it
- Check whether your employer has a social media policy and whether you received it
- Note whether the post identified your employer or was made in a personal capacity
- Lodge an unfair dismissal claim with the FWC within 21 days
- Seek legal advice about whether the post was protected expression
Time Limit to Lodge
21 days
From the date your dismissal takes effect. Strictly enforced.
Maximum Compensation
26 weeks’ pay
For unfair dismissal claims. General protections claims have no cap.
Calculate Your Entitlements
Frequently Asked Questions
Is social media post a valid reason for dismissal in Australia?
Social Media Post can be a valid reason for dismissal under the Fair Work Act, but the employer must follow a proper process including investigation, warnings (where appropriate), and giving the employee a chance to respond. Failure to follow a fair process can make the dismissal unfair even if the reason is valid.
Can I claim unfair dismissal if fired for social media post?
Yes, provided you meet the eligibility requirements: you must have completed the minimum employment period (6 months for large employers, 12 months for small business) and earn below the high-income threshold ($190,100) unless covered by an award or enterprise agreement. You must lodge within 21 days.
What is the difference between unfair dismissal and general protections?
Unfair dismissal focuses on whether the dismissal was harsh, unjust, or unreasonable (capped compensation at 26 weeks' pay). General protections claims apply when dismissal is for a prohibited reason such as discrimination, exercising a workplace right, or union activity. General protections have no compensation cap and the employer bears the reverse onus of proof.
How long do I have to make an unfair dismissal claim?
You have 21 calendar days from the date your dismissal takes effect to lodge an application with the Fair Work Commission. This deadline is strictly enforced and extensions are only granted in exceptional circumstances.
What compensation can I get for unfair dismissal?
The FWC can order reinstatement (getting your job back) or compensation of up to 26 weeks' pay. The amount depends on factors including how long you worked there, your remuneration, efforts to find new employment, and any misconduct that contributed to the dismissal.
Other Dismissal Reasons
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