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Social media is changing the workplace

The world is adapting to the advent of social media, and business has to adapt along with it.
Shannon Whyley
Shannon Whyley

The world is adapting to the advent of social media, and business has to adapt along with it. The Saskatchewan Association of Human Resource Professionals recently held a workshop to advise businesses on how to handle social media in their workplaces and educate on what the legal framework is for technology use.

Shannon Whyley with MLT Lawyers presented the workshop, and says it’s necessary because the way people are connected all the time can affect the business which employs them, relationships to other employees and the perception of the company.

“There used to be the idea that as soon as you left the workplace you were on your own time, you could do your own thing and it was none of the employers’ business. Of course, now that we’re all connected on these devices, if there is something that goes on after hours that names the employer or the employees and is problematic, then you get into the issue of what’s private, what’s appropriate off duty conduct, and what actually touches upon the workplace.”

Much of the law surrounding social media so far is based around union arbitration, as there is currently no legislation surrounding it, Whyley explains. Many of the cases involving people disciplined for social media use at work involves union arbitration as a result. Examples included cases of people naming the company and harassing fellow employees after hours, and getting their employment terminated as a result.

“Basically, arbitrators are looking at employers’ genuine business interests with employees reasonable expectations of privacy.”

The law is a new frontier, for both employers and their employees, so workshops like the one hosted by SAHRP are necessary just to keep up to date on what is going on with the law and how it’s changing.

“We’ve only had social media for probably less than a decade, so these cases are changing all the time. There has been an explosion of social media-related case law in workplaces in the past few years.”

Whyley recommends businesses set out clear guidelines for use of office equipment as well as social media conduct in order to make sure employees understand what conduct is appropriate. This is also the case as more businesses allow employees to use their own devices for work, and have to deal with business information getting mixed in with a privately owned device. The goal is to intrude on an employees privacy as little as possible while maintain, Whyley argues.

“It’s in everybody’s best interest, employees as well, if they understand what is appropriate conduct.”