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Employment Laws: Social Media In The Workplace
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Employment Laws: Social Media In The Workplace
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Question:
Discuss about the Employment Laws for Social Media in the Workplace.
Answer:
A tort is defined as a wrongful act that gives rise to civil liability. The most common example of torts includes defamation (Duvenhage, 2017). A person is defamed if a person communicates a lie or makes any false accusation about any other person in writing or verbally affecting the reputation of a person.
Employer Obligations
The employers are prohibited from:
making any false accusation of serious misconduct or dishonesty against any employee in front of co-workers or management;
providing any false information to a potential employer in case such employer requires a reference;
acting maliciously in terms of termination, references and discipline;
The employers must take every reasonable steps to ensure the safety and health of the employees including their well-being in the workplace;
Appropriate information technology protocols, trainings, email usage policies should be conducted to prevent defamation;
In case of any legal claims, it shall be governed by the Defamation Act 2013;
Employee Obligations
The employees are prohibited from:
making false accusation of serious misconduct against any employer or co-worker in front of other employees or the management;
engaging in activities like informal emails sent to co-worker with his name on it which contains offensive or harassing material or any defamatory statement;
storing or receiving any discriminatory or offensive material;
The employees must make complaints to the appropriate authority be aware of the complaints handling process in the workplace;
In case of suspicion towards a co-worker regarding his involvement in any misconduct, the personal allegations or thoughts must not be shared to other colleagues;
References
Defamation Act 2013
Duvenhage, J. C. (2017). Social media in the workplace: Legal challenges for employers and employees.
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