The Effect of Social Media on the Employment Relationship: Can an employer use a social media post by an employee to initiate disciplinary proceedings against that employee with a view to dismissal?
Loading...
Date
2021
Authors
Journal Title
Journal ISSN
Volume Title
Publisher
University of the Western Cape
Abstract
Over the past few years, there has been a noticeable increase of cases that the Commission for Conciliation, Mediation and Arbitration (CCMA) has dealt with relating to dismissal for social media posts by employees. Employees have shared some of their unpleasant experiences with their employers, some have expressed their grievances and in other situations have posted on social media platforms how unfairly they feel they are treated by their employers. There is very little scholarly research in South Africa on the discussion on the use of social media and how it affects the employment relationship that exists between the employer and employee as well as how it may affect the relationship that exists between colleagues. The main objective of this research is to establish whether there is a fair reason to dismiss an
employee based on what they post on their personal social media platforms, and to understand when and how the right to privacy can be limited. The aim of this research is to find whether there are any shortcomings in the South African labour laws that social media has opened in our laws with regards to the employment relationship and the use of social media, if there are any shortcomings will recommend how the said shortcomings can be addressed.
Description
Magister Philosophiae - MPhil
Keywords
Commission for Conciliation, Mediation and Arbitration (CCMA), South Africa, Commissioner, Bill of Rights, Regulation, Labour relations Act, Code of Good Practice, Communication Act, Media Workers Association of SA