irritant (04-09-19)
I think if a company gives absolute crap service I can't see a problem in giving feedback as long as it's all based on fact. I got this email today from the 'big boss'.
Please be advised that XXXX has alluded to possible legal action being taken against you if the comments posted on social media are not immediately removed.
We are directing you to immediately remove all comments in relation to XXXX from social media and cease any future engagements of this type.
You are to immediately cease all correspondence and undertake no further interactions with XXXX
This behaviour is not acceptable and will not be tolerated.
We would like to understand your side of the story before deciding on the next course of action.
Please advise your side of the story, in writing, about the interactions in question.
Quick story is I didn't mention the company I work for but obviously the company name is on my vehicle so from my posts/msgs, it's easy to put 2 and 2 together between the head office of XXXX and the franchise XXXX.
So where is the line? What can an employer enforce? What if I have an unrelated interaction at a later date? And the bit that gets me, "cease any future engagements of this type' wtf??? Does that mean I can't post on Facebook??
Leroy....the naughty boy....lol
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irritant (04-09-19)
Look Here -> |
Just reply with "Who?"
If u want to go on an expedition get a Land Rover, if u want to come home from an expedition get a Landcruiser!
irritant (04-09-19),LeroyPatrol (24-07-19)
Check what your employment agreement says.
Some employers prohibit employees from posting on social media and have code of conduct rules.
Not enough info Leroy. But don't take the correspondence lightly. You are putting all your effort into the less dangerous part of it. It is a direction to you by your employer, in writing, to do (or not do) certain things on which your employer may or may not be entitled to direct you. But it is also a notice for you to show cause why further action should not be taken against you. The further action is not stated, but may even include dismissal. It is drafted in a very informal manner which seems calculated to have you take the matter lightly. Similar demands are usually phrased in much more formal and intimidatory terms. Nevertheless, despite its informality, this one ticks all the same legal requirements as a more formal notice. My view is that your job is in jeopardy, and you should respond accordingly. Ideally your lawyer should respond on your behalf on letterhead.
irritant (04-09-19),LeroyPatrol (27-07-19),peteramjet (24-07-19),VroomVroom (24-07-19)
It's nothing new - it's been a policy at my work for 11 years.
Use your religious freedom as defence.
Or better still, why not start a GoFundMe page? Everyone else does
Ask Folau how it goes when someone takes offence to your social media accounts, on which you are identifiable you as an employee of a business.
Some claim your social media accounts are ‘private’, but that is simply not the case. If you post something - online or elsewhere - and you are easily linked to a business/group/etc, then the inference that can be drawn is that the business endorses/encourages/accepts those same views. That’s when you enter the legal minefield.
Either way, as DB44 points out, they are seeking a response from you in writing, which implies they are treating the matter seriously and are likely of the view you may be in breach of your employment requirements.
Edit:
Any chance of you posting (with redactions if necessary) the offending posts?
Last edited by peteramjet; 24-07-19 at 07:49 AM.
irritant (04-09-19)
Correct me if i'm wrong , but i thought that Australian employers can not take action against you because Facebooks servers are not based in Australia ? and therefore you are not a publisher ? Ive done a quick search and cannot find any successful examples of where legal action has been taken against staff? plenty of examples of threats and intimidation and privacy breaches by employers though.
STICK AND STONES MAY BREAK MY BONES BUT NAMES WILL NEVER HURT ME .Is what you send back unless you have told a lie, you are on solid ground so stand it .the law only allows for slander if it is not true but you are allowed to express opinion
It makes no difference where the servers are located.
There are plenty of cases that have gone before the Fair Work Commission (and higher) where social media posts have led to employees being terminated. A quick search of any Australian news site will bring up dozens of examples.
irritant (04-09-19)
You have a Social Media account that uses your real name?!?!?!
Last edited by ol' boy; 24-07-19 at 08:59 AM.
If u want to go on an expedition get a Land Rover, if u want to come home from an expedition get a Landcruiser!
DB44 (24-07-19),irritant (04-09-19),VroomVroom (25-07-19)
My employer has a social media policy, whereby one cannot post comments naming the employer or have any pictures, you tube clips etc, with their logo etc in view. Last year one employee filmed an altercation between 2 people not associated with the employer. The idiot posted it on you tube and because the company logo on his uniform became visible, he was tracked down and given his 14 day termination notice on the grounds he breached the social media policy. After dismissal, he took it to Fair Work, twice, and failed both times. So my opinion, tread carefully if you have something to lose.
You can learn alot using Google, and the search button.....
Do I take it your employer and the business you complained/ Posted about have a business relationship?
Would be interesting to ask your superiors if you are allowed to post favourable comments. Something tells me they wouldn't have a problem with that which makes this whole thing typical censorship. I was banned from a forum a few weeks ago for "making political comments" which was on a topic about the UK Governments RE policy. Of course all the comments in favour of what they were doing were fine but my negative ones which weren't political at all rather addressing the flaws in the idea got me Booted. So typical these days, only one correct way to think and definitely way to speak. I can't help but laugh at these fktards and their moronic hypocrisy.
Spose this depends on how far you want to push it. You definately need to see the fine print on your work agreement. If it's not covered You can roll over like a dog and do what they want without a wimper or you could spend the money and get qualified advice and then see where you stand. I abhor this kind of Bullshit and it's all well and good to say fight it and don't take it but that comes at a cost beyond financial. There are a lot of things to consider in the impact it will have on your life so sometimes we have to suck it up and swallow it. Get keep your eyes open for when they get enough rope to hang themselves and you can play the executioner with little risk and good reward.
You should make it known who the company was to us here and friends and family and they can all complain about them on SM and say " my friend wasn't allowed to post this so I am for her". " Her" giving you deniability if they try to blame you again. The very fact they have gone to your boss to try and pull strings to cover their arse is far more worthy of them being defamed than just for the bad service they have.
irritant (04-09-19)
At the end of the day, it could be your job on the line here. So rather than take advice that you meet the threat with bravado, from people who have nothing to lose in this matter, seek the advice from someone in the legal profession who is familiar with this type of issue, as has been suggested already by the more knowledgeable (smarter?) members here.
My daughter was sacked over social media comment. I went in to bat for her but had no hope of winning after reading the enterprise agreement, award, contacting everyone it is possible to contact.
As she was suspended on full pay pending investigation, I told her to get another job (she did in first week) and I used every legal tactic in the book to draw it out for 3 and a half months before she was sacked. So, yes, she lost her job, but I made sure she got 3.5 months pay on top of anything else she was owed.
It was a big stitch up and she was the fall guy. They needed to get rid of her because if it became a whistleblower situation they were in serious trouble.
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eeprommemory (25-07-19),irritant (04-09-19),Keith (24-07-19),VroomVroom (25-07-19)
.
Time to get mud on the boss, It worked for me years ago when a Boss sacked me for doing my job efficiently. Two weeks later they had to approach the NSW Government and explain why are you doing this and that and after I sent the VIDEO in they lost the Contract (Breached) and the rest was History.
irritant (04-09-19)
Check out Article 19 of the United Nations human rights charter!
Sounds like duress and interference to me!
__________________________________________________ __
Statistically, if you wait long enough, everything will happen!
eeprommemory (25-07-19),irritant (04-09-19)
As said above, if you want to keep your job then do as the boss says.
If you don't want the job, go hard at it.
Freedom of speech can come at a price sometimes.¯\_(ツ)_/¯
Cheers, Tiny
"You can lead a person to knowledge, but you can't make them think? If you're not part of the solution, you're part of the problem.
The information is out there; you just have to let it in."
They contacted me privately as well. I did not mention my employer but I have signage all over my vehicle.
Last edited by LeroyPatrol; 25-07-19 at 01:04 PM.
irritant (04-09-19)
so the service was CRAP you said so and now you are getting shit for letting others know its crap.
mate i would tell my friends and anyone i know it is crap and get them to shitpost on their facebook and any other feedback page.
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