Employees’ use of social media continues to create legal risks for businesses. In Australia, a social media post can be grounds for dismissal – if the content breaches workplace policies, contractual obligations, or poses a risk to an employer’s reputation or business interests.
Changes to the Fair Work Act (including 2023–2024 amendments) and recent Fair Work Commission (FWC) cases have reinforced that out-of-hours conduct, including social media activity, may justify termination where it is sufficiently connected to the employment relationship.
This article, written by our Brisbane employment lawyers, explains when a social media post may justify termination, how recent Fair Work Commission decisions apply, and what both employers and employees need to know in 2025.
Key Takeaways
A social media post can justify dismissal if it damages the employer’s reputation, breaches policies, or amounts to serious misconduct (even if posted outside work hours).
The connection to the workplace matters more than whether the account is private or anonymous.
Courts now assess context, tone, and potential impact, not just the literal wording of the post.
Employees’ political opinions are protected under the Fair Work Act, but this protection does not extend to harmful or inappropriate conduct on social media.
Employers should rely on clear employment contracts, social media policies, and transparent workplace values to reduce the risk of unfair dismissal claims.
Is a Social Media Post a Valid Reason for Dismissal?
If you have been dismissed (or are considering dismissing an employee) because of a social media post, you should seek advice from a workplace lawyer.
Under Australian law, social media misconduct may amount to serious misconduct, providing a valid reason for termination if the conduct:
is wilfully or deliberately inconsistent with the employee’s contractual obligations;
creates a foreseeable risk to the employer’s reputation, profitability, viability, or the safety and wellbeing of others; or
amounts to a repudiation of the employment contract.
Recent FWC decisions emphasise the impact that online conduct can have on a workplace, even when posted outside working hours or on private social media accounts.
Recent Court and FWC Decisions: What They Show
Court and FWC decisions since 2022 continue to broaden the circumstances under which employers can lawfully terminate employment because of online conduct.
Recent cases highlight that tribunals will consider:
the employment contract and social media policy (if any)
the employer’s public-facing values and reputation
whether the employee breached the duty of fidelity or good faith
whether procedural fairness was afforded
the risk posed by the post to colleagues or the business
the context and tone of the post (not just the wording)
Key 2024-2025 Updates
Based on recent FWC trends:
Posts on ‘private’ accounts can still justify dismissal where colleagues or industry contacts may see them.
Comments or memes that contradict workplace values (e.g. around inclusion, bullying, discrimination, or safety) increasingly attract disciplinary action.
Employers relying on social media breaches must show consistency and clarity in policies, or they risk unfair dismissal findings.
A social media post has been considered in a recent unfair dismissal decision. Click here to view the decision of Conrad John Corry v Australian Council of Trade Unions T/A ACTU [2022]. That case, heard by the Fair Work Commission, confirms that the line between work and home has become more blurred.
There is now less focus on whether the conduct was made outside working hours. Instead, there is a heavier focus on the gravity and context of posts or comments. As any workplace lawyer will tell you, contractual repudiation is also relevant. If the conduct indicates a repudiation of an employee’s duties or obligations to their employer, there is a serious breach of contract.
Linking Social Media Use to the Workplace
A crucial factor in determining whether dismissal is justified is whether the social media activity is sufficiently connected to the employment relationship.
This connection may be established if:
colleagues or customers can see the post;
social media followers know where the employee works;
the employee’s online identity can reasonably be linked back to the workplace;
the post contradicts or undermines the employer’s public stance on important issues;
the post has the potential to go viral, attract complaints, or harm the business.
Even posts made anonymously can be grounds for dismissal if the identity of the poster can be determined or reasonably inferred.
Political Opinion Protections Under the Fair Work Act
Under the Fair Work Act 2009, adverse action cannot be taken against an employee because they hold a political opinion. However, this protection is limited.
Protection does not apply if:
the employee’s conduct breaches workplace policies;
the manner of expressing the opinion is inappropriate, offensive, or harmful;
the conduct creates reputational or safety risks for the employer;
the political opinion is used to justify bullying, discrimination, or abuse.
Employers may impose reasonable and lawful requirements around social media conduct, including restrictions on public political commentary that adversely reflects on the organisation.
How Employers Can Protect Themselves
Employers should implement clear and enforceable:
employment contracts
social media policies
codes of conduct
training programs
These documents should clearly explain:
expectations around social media use;
examples of unacceptable online conduct;
what constitutes serious misconduct;
disciplinary processes;
the company’s values and public positions.
Regularly updating policies and ensuring employees understand them is crucial, particularly given the rapid changes in the online environment.
Frequently Asked Questions
Can I be fired for something I post outside of work hours?
Yes. If the post damages your employer’s reputation, breaches policy, or impacts your workplace relationships or duties, it may still be considered serious misconduct.
Are private or anonymous accounts protected?
No. The Fair Work Commission has repeatedly held that “private” settings do not guarantee privacy if colleagues or clients can access or share the content.
Can political comments get me fired?
You cannot be dismissed because you hold a political opinion. However, you can be dismissed if your conduct breaches workplace policies, is offensive, or harms your employer’s reputation.
Does my employer need a social media policy to dismiss me?
While not essential, a well-drafted policy significantly strengthens the employer’s position and reduces the risk of an unfair dismissal claim.
What should I do if I’ve been dismissed over a social media post?
Seek workplace legal advice immediately – strict deadlines apply for unfair dismissal and general protections claims (usually 21 days).
About the Author
Farrah Motley
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