Tweeting about Employment Law

Social media and employment law have again been the focus of litigation in Australia. Michaela Banerji was a public servant in the Immigration Department. Ms. Banerji also operated a Twitter account, anonymously, upon which she posted comments, many of which were critical of Government Policy as well as individual Politicians. In proceedings before the Federal Circuit Court of Australia, Ms. Banerji, who was subject to disciplinary proceedings by her employer, argued that her comments on Twitter were protected by an implied right of freedom of political expression. His Honour Judge Neville rejected that argument and in finding that there is no unfettered right to freedom of political expression Judge Neville also commented that even if Ms. Banjeri was correct and such a right does exist that it does not provide a licence to breach an employment contract. The terms and conditions of Ms. Banerji’s contract of employment did expressly prohibit the sort of comments on Twitter that she had been posting.

Amongst other things this case very neatly illustrates the importance of employers maintaining an up to date policy in relation to the use of social media by their employees and for employees being aware of and conscious of the terms of such policies with regards to any posting they might make on the various social media platforms.