In South Africa, Can Your Social Media Updates Cost You Your Job?
Some South African employers prefer to know the kind of employee they will be hiring, and some of them do that by going through their potential hire’s social media pages and seeing if their views align with the company’s beliefs and values. They also check if the candidates do not post offensive and discriminatory views that are in violation of the company’s work ethics and policies.
Is it Legally Right To Dismiss Someone Over Social Media-Related Issues
The South African Labor Law allows social media-related dismissal if:
- An employee posts something that can damage the company’s reputation, then the company’s entitled to issue a disciplinary hearing
- An employee shares private or confidential information about the company or posts something negative
- Posting belittling remarks, hate speechand spreading false information about the company can also result in dismissal or the company suing an employee
Examples of Social Media Missteps Leading to Job Loss
- Any comments that discriminate either through race, gender, etc. An employee once got fired for a racist comment online.
- Leaking of private company information like company finances and client details can also be considered a breach of contract.
- Any employee that represents the company and shows reckless behavior like violence and substance abuse can also be dismissed.
What Do Employers Look For on Social Media?
In South Africa, employees search their candidates on social media to find out their work ethic, mannerism, and professionalism to see if they fit the company’s work environment. Employees search for:
- Your way of thinking, if your posts reflect maturity, respect for other people’s feelings, and how responsible you are.
- If your posts and views align with the company’s brand and image.
- If your posts involve discriminating against others due to their conditions, violent and explicit posts.
How Do You Protect Yourself on Social Media?
1. Clean Up Your Social Media Accounts
Get rid of any posts that would seem unprofessional, discriminative, violent, and offensive in incase your employer goes through your profile.
2. Consider Adjusting Your Privacy Settings
In the case of Facebook and Instagram, set your posts to be only visible to your friends or certain groups.
3. Be Careful and Considerate
Before posting, ask yourself if the post is inspiring, necessary, or harmful, and if it could reflect you in a bad light from a stranger’s perspective.
4. Consider Separating Personal and Professional Accounts
It would be advisable to have different accounts for both personal lifestyle and professional accounts to keep your outside work life separate.
Are Employers Allowed To Monitor Your Social Media?
Legally, employers are permitted to keep an eye on already public information on the employee’s social media, although it is against South African privacy laws to access any information that is private without the employee’s consent.
How To Balance Freedom of Expression and Professionalism
Employees are guaranteed freedom to express themselves by the South African Constitution, but not to an extent where it gets out of hand. Employees may go through legal repercussions if their posts extend to hate speech, violence, or being harmful to others.
Tips On What to Do If Your Social Media Posts Gets You in Trouble
1. Admit Your Mistakes
If you are called for a hearing about one of your social media posts, it is advisable to take accountability and apologize right away.
2. Seek Legal Advice case of unfairness
In cases where you believe the action taken was unjust and unfair, then seek a legal route either through a labor lawyer or CCMA.
3. Learn From the Experience
Take the opportunity to learn what is right and wrong when it comes to company policies and avoid posting anything that may tarnish the company’s name.
Why Should You Disclose to Your Employer If You Create Content on Social Media?.
1. To keep the employer on the loop and ensure that your outside work activities do not clash with the company’s brand and representation in a negative way. There can be conflict of interest if:
- You are creating content about the same product or service as the company
- If your content creation involves advertising a competitor’s business on your page
2. To ensure that you are complying with the employment contract, as most work contracts in South Africa have a clause about having a second job while working for them. This permission clause also includes content creation.
3. Being open about your content creation side gig to your employer builds trust and paves the way for a healthy working environment. Your employer may also appreciate your openness and would not be caught off guard if they run into your content online.
When Is It Not Necessary To Disclose Your Content Creation
1. You are not obliged to mention your social media content creation if your content is not related and does not connect to your job
2. You do not have to disclose your content creation if it is purely personal and recreational and on a personal account. For example, travel vlogs and lifestyle content.
What Does South African Labor Law Say?
According to South African Labour law, you are not forced to disclose your outside work activities unless:
- They are in conflict of interest and temper with your role responsibilities
- They are in breach of contract agreements
Bear in mind that not disclosing your external activities, which end up being harmful to the company’s reputation, could lead to disciplinary action.
How to Disclose Content Creation to Your Employer
1. Go through Your Employment Contract
Look out for any clauses that involve external activities and side jobs before disclosing anything to your employer.
2. Be Prepared To Articulate Yourself
Thoroughly explain that:
- You will separate your content from your work and the responsibilities at work
- Your content will not temper with your performance and quality of work
3. Offer Reassurance
Ensure your employer that your external activities will stay external and will not temper with your production results and work pace.
How To Balance Content Creation With Your Job
1. Separate your content creation time and your work time; allocate both of them accordingly without neglecting your job.
2. Never involve anything office-related with your content creation; do not use the company’s time or resources for your side hustle.
3. Do not involve the company’s name in your content creation and avoid mentioning anything negative about the company.
What Happens if You Don’t Disclose?
Choosing not to disclose your external activities, such as content creation, may lead to:
- Being dismissed from workespecially in serious cases
- Disciplinary action taken against you in case of breach of employment contact or damaging the company’s reputation.
