We have an employee on sick leave but colleagues are complaining about Facebook postings (doing zumba but out with back injury) as seen by friends but we, the employer, cannot access. Is it reasonable to call the employee in for a disciplinary meeting?

Posted in : First Tuesday Q&A ROI on 5 February 2013
Elaine Mettler
Arthur Cox
Issues covered:

If the employee’s Facebook/social media page is publically available through online searching, there is nothing to prevent the employer using information posted by the employee as a basis to initiate an investigation or disciplinary process where warranted. If the employee’s social media pages are not publically available, but such information is available to co-workers, then it is necessary to ask the relevant employees to print off the relevant posts and to make them available for the purposes of the investigation. The employee’s right to privacy is not affected by this.

If the employer intends to rely on the complaints or allegations of colleagues, then it is important that the employer

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Back to Q&A's This article is correct at 02/09/2015

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

Elaine Mettler
Arthur Cox

The main content of this article was provided by Elaine Mettler. Contact telephone number is +353 1 618 0000 or email elaine.mettler@arthurcox.com

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