Criticism in Group Chats Created “Divisive Atmosphere”

In a recent decision the Fair Work Commission (FWC) ruled that criticising management on Whatsapp chats and on social media created a “divisive atmosphere” and was a valid reason for dismissal. 

Facts of the case

In this case, the Applicant had been employed for 2.5 years as a casual Bar Supervisor. 

On 31 October 2023 a management meeting was held to reinforce the focus on improving customer service and having a ‘one team’ approach which supports management decisions. 

Following the meeting, the Applicant posted on the Dolphin Fam Bam (Facebook chat) criticising the management team. The Facebook chat was for staff to invite each other to events or ask questions relating to work.

The Applicant was spoken to about appropriate social media use but continued to use the Facebook chat to vent her own opinions on the management team. This included excluding people from the chat in order for it to be a “management free safe space”, and criticising management’s decisions regarding shift cuts and encouraged staff members to voice their frustrations towards management.

Management had also previously met with the Applicant regarding concerns with arriving late, closing the bar early with no direction and taking breaks at busy periods. 

After meeting with the Applicant, the Dolphin Hotel dismissed her for persistent concerns regarding her behaviour and attitude, particularly in relation to her role as a Bar Supervisor and her involvement in the group chat. 

Persistent negative comments about the management team created a divisive atmosphere between the front of house and the management team.

Findings 

The Commissioner found that the Facebook chat group clearly related to working at the Dolphin Hotel and on the evidence: 

1. The reasons for termination were made out; 

2. the Applicant had been warned multiple times about her conduct, both regarding social media usage and workplace behaviour. These warnings were seen as reasonable attempts by the employer to address issues before resorting to dismissal; and

3. the Applicant was afforded procedural fairness throughout the disciplinary process as she was given opportunities to respond to the allegations against her and to improve her conduct, which was considered essential in evaluating the fairness of her dismissal.

The application was dismissed, with the FWC concluding that the employer had valid reasons to terminate and that the process was procedurally fair.

Take away for member clubs

This case is a great reminder for the clubs to ensure that: 

• Concerns regarding behaviour and conduct are addressed when they arise; and

• there are clear and enforceable social media policies that outline expectations regarding employee conduct online, especially when it relates to the workplace.