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You’ve probably seen it on Facebook: a friend letting it all out in a post about their frustrations at work, usually followed by an outpouring of support from friends in the comments section.
Sometimes the author of the post will name the employer, or even call them names. But is publicly criticising your boss legal? Could it get the employee dismissed? In 2025, as social media use has become even more ubiquitous and sophisticated, both employers and employees need to understand their rights and responsibilities when it comes to online commentary.
This article will look specifically at media posted outside the course of employment on an individual’s personal device. In particular, we’ll examine the consequences of employees publicly criticising their employer—and why updating your workplace policies is more important than ever. For further insights on legal matters in the workplace, you might also want to review our Employment Contract Services.
Can Employees Be Dismissed For Posting Negative Comments About Their Workplace?
Employees can be dismissed in certain circumstances. In Australia, there is no explicit legal right to absolute freedom of speech in the workplace.
There is, however, an implied right to political expression under our constitution, which must be balanced against the requirement for public servants and certain other employees to maintain impartiality. Moreover, employees must not bring their employer into disrepute or breach hate speech laws. As digital communication evolves in 2025, these principles continue to guide Fair Work decisions.
Private Sector Employees
In the landmark Linfox case from 2012, a staff member at Linfox—a major transport company—complained on his Facebook about two of his managers. He made negative comments about them and was subsequently dismissed. Although the case is now over a decade old, its principles remain relevant today.
The employee successfully argued that his dismissal was unfair. Fair Work eventually ruled that he should be compensated for lost wages and reinstated his position. When evaluating the case, Fair Work considered several key issues:
- The staff member believed his Facebook was set to a ‘friends only’ privacy setting, limiting its visibility.
- The employee did not fully understand how Facebook’s privacy features and algorithms worked – in 2025, it is increasingly difficult to argue ignorance of how these platforms operate.
- There was no established workplace social media policy in place.
- His posts were ultimately deemed to fall within his right to free speech, provided they did not cause significant harm to the company’s reputation.
- Having worked at Linfox for over 20 years with no prior problematic behaviour, the context of his employment was also carefully considered.
Public Servants
A more recent case involved a public servant whose anonymous tweets criticised her employer—the federal government. Although most tweets were sent outside work hours from her own device under a pseudonym, her dismissal was upheld because her posts breached the public service code of conduct. This code requires that employees avoid conflicts of interest and maintain the integrity and good reputation of their employer.
Initially, the employee succeeded at the Administrative Appeals Tribunal by arguing that her tweets interfered with her right to freedom of political communication. However, the High Court later disagreed, finding that her conduct did indeed breach the required standards, and that the dismissal was proportionate. For those interested in understanding the nuances of employment contracts and expected conduct, our website offers further resources.
The public service sector also maintains a robust social media policy aimed at safeguarding public trust. This policy explains that an employee’s seniority, the relevance of their online comments to their work, and the extremity of their views can all influence perceptions of the Australian Public Service.
In another well-known case, a Centrelink employee made regular anonymous posts complaining about dealing with Centrelink customers. Although he identified himself as a Centrelink employee in some posts, he was fired for breaching the APS Code of Conduct and causing reputational harm. Fair Work later reinstated him after considering factors such as his overall work history, the absence of deliberate disrepute, and the difficulty he would face finding alternative employment.
Can An Employee Be Dismissed For Any Other Types Of Posts?
Yes, they can. Employees have been dismissed for posts that, while not directly criticising their employer, are offensive or otherwise demonstrate unsavoury character. Even if the post isn’t politically motivated or about work, it can still bring an employer into disrepute.
Posts that are violent in nature, directed at a specific person, or incite hate or vitriol against a person or group based on factors such as race, ethnicity, gender, sexual orientation, religion, or disability may not only violate company standards but also the law. Legislation such as the Racial Discrimination Act (Cth) and provisions under s93 of the Crimes Act NSW criminalise behaviours that threaten or incite violence using social media as a platform. A ‘public act’ includes social media use.
What Is A Social Media Policy?
A Social Media Policy is an internal workplace guideline that sets out what employees can and can’t do regarding their use of social media. It helps define the boundaries around discussing work-related matters online.
This is especially important when it comes to employees discussing their boss or colleagues. While you have the right to express yourself online, many businesses find it necessary to establish clear rules about how their staff represent the company. For more detailed advice on drafting such policies, check out our guide to setting out good business terms and conditions.
Why It’s Important To Have A Social Media Policy
Social media encompasses much more than just Facebook and Twitter. A well-crafted policy clarifies what is meant by social media and articulates acceptable conduct. This not only protects your business’s reputation but also provides a clear framework for employees.
Integrating your Social Media Policy into your onboarding process is a smart move—it ensures every new team member understands the expected standards from day one. This approach can also help prevent potential disputes that might lead to claims of unfair dismissal. Our Employment Contract resources are a great place to learn more about these expectations.
It’s also important to sensitively balance employees’ rights to express themselves with the need to protect your business’s reputation. This balance often differs between private companies and public service organisations, as highlighted in the cases above.
A few years ago, an SBS sports reporter was dismissed for posting negative comments about Australian soldiers on ANZAC Day. The reporter claimed the dismissal was due to his political views, but his employer argued the real issue was his breach of the social media policy and code of conduct. Although that case dates back several years, it underscores the need for a clear and robust policy in the evolving digital landscape of 2025.
Key to the Linfox decision was the absence of a social media policy. Nowadays, ensuring that your staff are aware of what’s expected online can make it considerably more challenging for dismissal decisions to be viewed as unfair.
What Is The Purpose Of A Social Media Policy?
A Social Media Policy exists to regulate how employees use social media in relation to work matters. Its purpose is to protect your business’s reputation by monitoring and guiding how employees discuss work-related topics on their personal accounts.
What Should A Social Media Policy Include?
A Social Media Policy can vary from business to business depending on how much regulation you want. Generally, however, it should address who can access and manage the company’s social media platforms, outline guidelines for discussing work on personal accounts, and set expectations regarding the use of business devices for personal posts.
With the continued rise of remote work in 2025, many businesses have updated their policies to reflect new digital norms. This includes clarifying expectations for online conduct outside of work hours and ensuring that privacy settings remain robust. Regularly reviewing your policy—as part of your overall business legal checklist—can help you stay compliant with evolving workplace standards. To learn more about protecting your business through legal documentation, see our resources on contract review and drafting.
In Summary
Employers may have the right to dismiss staff who post on social media—even anonymously and on their own devices outside work hours—if such posts breach company policies, incite hate, bring the business into disrepute, or compromise impartiality.
Common grounds for dismissal include violations of a clearly stated social media policy or code of conduct, inciting hate speech in breach of legislation like the Racial Discrimination Act (Cth) or s93 of the Crimes Act NSW, and actions that risk the reputation of the company. Employees who feel their dismissal is too harsh may lodge a claim with Fair Work for unfair dismissal. For further guidance on minimizing legal risks, our expert employment team is here to help.
In today’s evolving digital workplace, keeping your internal policies—including your social media guidelines—up-to-date is essential. It not only protects your business but also ensures that your employees understand the boundaries of online conduct. If you need detailed advice or require assistance in drafting or updating your policies, feel free to reach out to Sprintlaw’s expert employment team on 1800 730 617 or team@sprintlaw.com.au.
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