Key Points in this presentation: - Application of Social Media in the Workplace - Are Employers Permitted to Monitor Social Media Use by Employees at Work? - Percentage of Business using Social Media - How does your organization use SM for Internal communications - Managing the Risks - Social Media Policy - Steps to creating a Policy

1. Social
media in
the work
place

2. Application of Social Media in
the Workplace
• Social Media can be used by your organization:
o To promote your brand or product.
o To interact with clients and suppliers.
o To communicate information within the
organization.
o To provide staff with an alternative means of
communication between each other

3. Application of Social Media in
the Workplace
Nearly 90% of businesses
now use social media for
business purposes

4. Are Employers Permitted to Monitor Social
Media Use by Employees at Work?
For most jurisdictions covered, the answer is YES, but
with constraints on the extent to which monitoring is
permissible as well as requirements that need to be
satisfied to ensure the monitoring is lawful. As to
monitoring social media usage on an employee’s own
devices (such as a smartphone), across all jurisdictions,
employers do not generally have a right to carry out
such surveillance.

5. What Limits and Considerations Apply to
Employers’ Monitoring of Social Media Use
by Employees at Work?
Accordingly, a best practice approach should be taken, and employers
should implement the following steps if monitoring employees’ use of
social networking sites:
oIdeally, employees should explicitly consent to such policies in writing
oMonitoring should go no further than is necessary to protect the employer’s
business interests
oMonitoring should be conducted only by designated employees, who have
been adequately trained to understand the limits on their activities
oPersonal data collected as a result of any monitoring should be stored safely,
not tampered with, not disseminated more widely than is necessary nor stored
longer than is necessary
oTrain management and employees in the correct use of information
technology
oBe able to particularize and document any misuse of social media sites by
employees

6. Is an Employer Allowed to Prohibit Use
of Social Media Sites During Work?
In nearly all the jurisdictions, an employer is permitted to
prohibit the use of social media sites during work, both
on equipment provided by the employer and on the
employee’s own devices. However, the prohibition
against use of social media sites on an employee’s own
devices would not give the employer the right to monitor
such devices (which would infringe the employee’s right
to privacy in many jurisdictions); rather, the prohibition
would be an incident of the employer’s general right to
require employees to devote their working hours to their
work.

7. Is an Employer Allowed to Block Access to
Social Media Sites During Work
As with the prohibition of use discussed above, in
all the jurisdictions surveyed, an employer is
permitted to block access to social media sites on
employer-provided equipment. Indeed,
respondents from many countries indicated that
not only is this method legal, but that it is a
common practice among employers.

8. To What Extent Is it Permissible to Refer to Social
Media Sites When Taking Disciplinary Action
Against an Employee
• An employer would be well-advised to consider carefully the
evidentiary weight to be given to information obtained from a social
media site;
• The information posted may be inaccurate, out-of-date, not intended
to be taken at face value, or even posted by someone other than
the person who is the subject of the inquiries;
• Relying on information contained in social media sites creates a risk
of discrimination, either because someone is treated less favorably
by reason of a protected characteristic, or a condition is imposed
that has a disparate impact on a particular group; and
• Any use of social media sites when making employment decisions
should comply with data privacy requirements (including in relation
to the secure storage and deletion of information after it is no longer
needed) and any internal policies about monitoring of such sites.

9. Percentage of Business using
Social Media:

10. How long companies have
you used them?

11. Which of the following groups engage in SM
on behalf of your organization to reach
audiences?

12. How does your organization use
SM for Internal communications?

13. Are all, some, or no employees permitted to
access social media sites at work for non-business
use?

14. Do you actively block access to
social media sites at work – Y/N?

15. Do you monitor the use of social
media sites at work?

16. Has your company taken any precautions associated with
protecting itself against the risk of having social media in
the workplace?

17. Managing the Risks
Employers need to advise staff of the
appropriate behaviors when using Social
Media!
HOW?
Create your own Social Media Policy

18. Managing the Risks
Facebook grumbles can have consequences as
employers enforce social media policies:
•The line is blurring between work and out of hours conduct which can
lead to dismissal.
•Employers need to develop social media policies that define social
media and identify social media behavior that is or is not acceptable.
•Policy should set out the risks associated with the use of social media
and the potential consequences.
•Employees need to be trained and educated, conduct monitored and
breaches enforced.

19. Termination due to
inappropriate conduct
• For dismissals to be lawful, there is a need to
demonstrate a connection between the conduct
and the employment relationship that:
o is likely to cause serious damage to the
relationship between the employee and
employer
o damages the employer’s interests, or
o is incompatible with the employee’s duties as
employee

20. Termination due to
inappropriate conduct - Issues
to consider:
• Ensure procedural fairness and natural justice.
• Prompt action to investigate and gather information and facts.
• Notify person of the reason and give an opportunity to respond with
a support person and give consideration of the response.
• Establish a connection between the conduct and employment
relationship.
• Employees length of service, age, skill level and difficulty finding
alternate employment.
• Is there a policy that is underpinned by consequences and can it be
demonstrated that the employees are aware of and understand the
policy and that a breach may result in their termination of
employment.

21. Social Media Policy
• Why have a Social Media Policy?
o Set standards of behavior when using social
media for work or personal purposes.
o Protect your organization's reputation and
community standing.
o Protect your organization's business interests.
o Protect staff from online bullying and
harassment

22. What to have in the Policy:
• Create a policy that reflects on your organization's
values
• Include a statement of purpose or objective
• Explain who the policy applies to
• Expected and unacceptable behaviors
• Disclaimer
• Consequences
• Version control
• Other linked policies, ie code of conduct

23. When does this policy apply?
• Personal use
∗ Ensure your employees are aware that anything posted
on social media sites is their responsibility, urge
responsible use.
• Use at work
* If staff have the ability to access social media at work
ensure that it doesn’t affect productivity, customer
service, colleagues and their work

24. What does a policy look like?
• Aim of Policy – why it was developed
• May includes procedures
• Who the policy applies to
• What is acceptable/unacceptable
• Consequences of not complying
• Written in plain English (or your local language)
• Date when developed or updated
• Version control and review timeframe
• Other related policies that are linked

25. Steps to creating a Policy
• Step 1 – Planning & Consultation
• Step 2 – Research & Define Policy Terms
• Step 3 – Draft Policy
• Step 4 – Implementation
• Step 5 – Review/evaluate/compliance

26. Best Practices: Our Top 5 Tips
1. Annual Audits: The law around the world is developing rapidly in this
area. We recommend that businesses, especially global ones, carry
out annual audits to ensure that their practices and policies comply with
the developing legal requirements.
2. Make Training a Priority: Although specific social media policies
have become the norm, not many businesses provide training to
employees about the do’s and don’ts of social media use. Such training
reduces the risk of misuse.
3. Implement Clear Guidelines: The more a business relies upon social
media for business purposes, the more likely it will be that the
boundary between the work and the personal use will become blurred.
For those individuals who are involved in using social media for work
purposes, implement specific guidelines to keep the boundary as clear
as possible.

27. Best Practices: Our Top 5 Tips
4. Identify Specific Risks: Any training should expressly address that
specific risks are prevalent as a result of social media use, such as
misuse of confidential information, misrepresenting the views of the
business, inappropriate non-business use, disparaging remarks about
the business or employees. In parallel with this, we also recommend
the policies dealing with these matters should expressly refer to social
media.
5. Don’t Forget Ex-employees: Relatively few businesses have explicit
provisions preventing the misuse of social media by ex-employees,
despite the problems that departing employees can create – especially
those with an axe to grind. We strongly recommend implementing such
provisions.

28. Eight social media workplace
opportunities:
1. Promote your company’s brand — sales and marketing
professionals can use social media to introduce and promote new
products and services in a way that increases a potential target
market exponentially.
2. Engage your customers — whatever your company sells,
whether a product or a service, it has a customer base that can be
engaged through social media.
3. Improved recruiting techniques — recruiters today are
increasingly turning to social media sites to attract and recruit top
talent.
4. Employee engagement — Social Networking tools allow
organizations to improve communication and productivity among
employees.

29. Eight social media workplace
opportunities:
5. Cost effective — using social media as a sales and marketing tool
is a very inexpensive mode of advertising because it reaches a vast
audience for a marginal investment.
6. Share information about your company — both customers and
potential employees use social media to research companies that they
have an interest in knowing more about.
7. An opportunity to listen — remember, just because you aren’t
listening, doesn’t mean people aren’t talking.
8. Thought leadership — social media is an ideal venue in which to
establish your company as a thought leader.