The Labour Court, in McCamley v Dublin Bus, recently determined that employers can be liable for the harassment of their workers on social media that takes place outside the workplace. Although the employer in that case was, ultimately, not found liable, the case illustrates the challenges faced by employers in dealing with social media and internet use in the workplace. These are challenges that need to be faced up to by employers if abuse of the internet by employees is not to lead to costly damage to companies.

A recently-published study by William Fry found that 78% of people used social media while at work – and this is just the tip of the iceberg. Add the myriad communication channels available to employees outside work and there is clearly a pressure-cooker of issues building up.

Just because posts might be made in a worker’s private time does not mean that they are not work-related– particularly if they refer to workplace issues, notes Cliona Kimber, a Dublin-based barrister and the co-author with Pauline Walley SC of the recently published book ‘Cyberlaw and Employment’. She explores the details of this recent case, and what it means for employers, in the October Gazette.

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