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.
Last verified: 21 May 2026Social 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.
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.
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.
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.
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.
21 days
From the date your dismissal takes effect. Strictly enforced.
26 weeks’ pay
For unfair dismissal claims. General protections claims have no cap.
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.
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 ($183,100) unless covered by an award or enterprise agreement. You must lodge within 21 days.
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.
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.
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.
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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.
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