Social Media Management Requisite HR June Newsletter 2017
Why do I need a policy? Policies take the guesswork out of what is appropriate and what is not. Many companies focus on what online electronic publishing can do for them, as it has the potential to expand them into previously untapped markets and bring in new business. The flipside is what social media can do to them. When it comes to Social Media, potential employees, clients, suppliers, and sponsors, can google and use dedicated websites to review a business, and when something negative is found it can be taken into consideration prior to commencing dealings, to the point of impacting the outcome of these dealings. In this age of easy access to information and oversharing, online conduct and conduct that is shared online, can cause damage to the reputation, viability or profitability of a Company.
To manage this risk some Companies have gone as far as banning employees from recording online what Company that they work for, to banning them from wearing branded work clothing outside of standard business hours, just in case a team member behaving badly has their actions shared online and the Company brand is associated with those actions. One might argue that if you can’t trust your team to do the right thing on online, can you really trust them in your workplace? In addition, this extreme policy loses the marketing potential of the positive actions your team member can do, as they can be your best and brightest brand ambassadors. However, because ignorance on social media etiquette and protocols still exist and many lack understanding as to the consequences of their online actions, it is important for Companies to layout the ground rules for their team members in the form of a Social Media Policy, especially as Managers cannot be everywhere to ensure that team members act correctly and responsibly. The use of policies and procedures provides knowledge and guidance to the team on how to make decisions and how to behave. When there is an absence of policy, team members will generally work with good intentions, but with a lack of understanding as to the Company’s expectations and standards. Clear guidelines can also help the team understand ways in which they can use social media to help achieve business goals. From a compliance perspective, should you have a dismissible incident with a team member which ends up in front of the Fair Work Commission (FWC), a clear, transparent policy that that been widely communicated and understood by all your team members, will play a significant part in influencing a favourable FWC decision. The other things that the FWC will take into consideration are: • Nature and severity of the post • The source of the post • Whether an employer/organisation is named • If the post is public • If co-workers have seen the post • If the employer’s business or industry has been damaged • If the comment was impulsive or deliberate Just as legislation does not stop people from breaking the law, a policy will not stop team members from behaving badly, however it does increases the chances of getting people to think before they click.
The Power of Social Media Nothing is Secret Any More This year Susan Folwer an engineer and former employee of Uber, wrote a blog accusing Uber’s Management of explicit sexual harassment, gender discrimination, intentional deception, career sabotage and illegal threats of termination of employment. This lead to a major external investigation into the Company’s practices and management, board members, management and other employees resigning or being fired, a loss of market share and the founder finally resigning as CEO. This all occurred within 4 months of the blog being posted. Although we can say that their Company culture and management practices are the root cause of the problem, from a social media perspective, in this very interconnected electronic world in which we live, issues that aren't resolved internally to the complainant's satisfaction can be share with the world, resulting in very serious fallout.
Reference: How a Single, Courageous Blog Post Shook Uber to the Core by Justin Bariso, LinkedIn June 2017
Policy Benefits Increases the accountability of businesses and its team members by defining the fundamental Company culture requirements and expectations in regards to behaviour and performance
Increases efficiency by guiding decision making and providing clear, consistent instructions and work response to situations, whilst giving the team greater confidence in the appropriateness of their actions
Decreases the amount of direct supervision required by the manager, creating opportunities for team members to be self-directed and take responsibility for routine situations
Protects team member from acting in a manner that might endanger their employment, themselves or others
Demonstrates good faith that employees will be treated fairly and equally, when dealing with breaches, complaints and misunderstandings
Employees can be sacked for social media use, even outside of work
“Employers can take action against an employee for inappropriate social media use as long as they have a social media policy in place and have some type of training regarding the policy,� Johnathan Mamaril, principal and director of employment law specialists NB Lawyer by Melanie Burgess, News Corp Australia Network
What to include in your Policy Developing your Policy Prior to creating your Policy write down your goals to keep you focused on what you want your policy to achieve, and to provide a checklist at the review stage. Generally, the goal of the policy will be to provide guidance about the online world to your team whilst at work and at home, but you may have additional goals that you want the policy to accomplish. As you develop the policy consider your Company Culture, as it should influence the creation and the style of the Policy. You want to reaffirm what you want your Company Culture to be, every chance you get. A few other development tips: • Include your IT people in its development, as they will be involved in tracking compliance and resolving breaches. • Consider the provision of aids such as templates, scripts and example documents to assist your team achieve the required standards. Start with a Purpose The purpose should be based around protecting both the Company and individuals, whilst providing knowledge on the difference between making representations on behalf of the Company, and their own personal use, plus providing guidance around those grey areas where the two might overlap. Define the Scope When defining what the policy covers ensure that is it general, so that it will encompass a large variety of applications, including those not yet developed. Consider something along the lines of “Anything you do online that might affect your colleagues, clients or the Company”. Get detailed with the Content Potential topics for your policy may include: • Working at work – When people are being paid to work there is the expectation that during business hours, that is what they are doing. However, when people go online for personal reasons during business hours, then their conduct is not the most conducive to the business’s operations requirements and productivity. • Communication standards – Discuss the proper way to engage with others online, and encouraged the team to maintain a professional level of communication to matter what the forum. A general guide is that a person should not say or write anything they wouldn’t want published on the front page of The West Australian. Consider using real-life examples to illustrate. • Accurate communication – Quality matters. When there are errors in content, spelling and grammar, creditability can be lost.
• Consider content – Remind readers that the web is visible to the entire world and that what is written on it can be public for a long time, so consider the content carefully prior to publishing. • Respect – It is okay to have a differing opinion to someone else, however whether communicating internally or externally all team members should show respect to the Company, any individual discussed in the content and to the audience. Controversial or potentially inflammatory subjects, obscenities, personal attack, disparaging comments or hostile communication should be avoided. • Authority to communicate – Only those individuals with the specific authority to do so, should communicate to the public on behalf of the Company and only when certainty exists that the views expressed, represent those of the Company. Consider including direction on how to respond if contacted by a journalist. • Disclaimers – Educate on when and how to use disclaimers to make it clear that the views expressed are the individuals and not those of the Company. Although this is good practice, it will still not exempt individuals from being held accountable for what they write. • Code of conduct – Define the Company’s rules around ethics and standards of personal conduct. • Health and safety – Remind the team of their ‘duty of care’ for others. They should not be conducting online actions that adversely impact another individual’s health or mental well-being by being a bully, discriminatory, intimidating or harassing. People shouldn’t fool themselves, thinking that the person won’t see what they have written. • Compliance – The Company and its team members must ensure their online conduct cannot in any way be interpreted or perceived as contravening applicable laws and regulations, either via content or via link. Consider providing examples of illegal behaviour that your team or industry is most likely at risk of conducting. • Boundaries - There is no longer a clear boundary between an individual’s personal life and their work life, because when people search online they can often find a presence in both world, and mentally link the two together, and individuals should be reminded of this fact. • Brand protection - If a misrepresentation is made about the Company or is services or products, management needs to know so that it can be addressed. • Customer, business partner and supplier protection – These groups should not be identified, cited or referenced without their approval, unless you use non-identifying pseudonyms. • The web is not anonymous – Team members should work to the philosophy, that everything they write can be traced back to the company, if not them personally. • Confidentiality and privacy – Educate people on both the Privacy Act and confidentiality. Provide information and/or examples on what the Company considers confidential, and what they can and cannot share online. Provide information about privacy settings to increase awareness and to give people the tools they need to maintain a suitable level of privacy.
• Define inappropriate behaviour - Consider both general behaviours and industry specific behaviours that are deemed unacceptable and list them in the policy so that there is no ambiguity. • Concern resolution – Detail how to raise grievances so that concerns can be resolved, instead of by aired online. • Consequences and ramifications – Clearly state that Policy violations and breaches will be subject to disciplinary action, up to and including termination for cause. • FAQs – Provide a section for frequently asked questions. Add some Processes: Potential process for your policy may include: • Company Checks - Be aware of what others are posting about the Company or images your Company is being tagged in. • Nomination of a designate company spokesperson - Responsible for answering questions about the Social Media Policy and/or your company on social media. • Training and Education – The existence of a policy is often insufficient protection for business. Training and education must also be provided, to give team members who may be uncertain about the guidelines the opportunity to ask questions in person.
Fitzgerald v Dianna Smith t/as Escape Hair Design [2010] FWA 7358 The employee was dismissed for a number of reasons, including her public display of dissatisfaction with her job on her Facebook page. The Commissioner held: Postings on Facebook and the general use of social networking sites by individuals to display their displeasure with their employer or a co-worker are becoming more common. What might previously have been a grumble about their employer over a coffee or drinks with friends has turned into a posting on a website that, in some case, may be seen by an unlimited number of people. Posting comments about an employer on a website (Facebook) that can be seen by an uncontrollable number of people is no longer a private matter but a public comment. It is well accepted that behaviour outside working hours may have an impact on employment to the extent that it can be said to breach an express term of an employee’s contract of employment. A Facebook posting, while initially undertaken outside working hours, does not stop once work recommences. It remains on Facebook until removed, for anyone with permission to access the site to see. It would be foolish of employees to think they may say as they wish on their Facebook page with total immunity from any consequences.