Court supports rules for tweeting truckies
Courts have supported logistics operator Linfox's social media policy, and the firing of one staff member who insulted a manager online.
A challenge had been raised over a previous decision in Linfox’s favour, after it sacked employee Malcolm Pearson for refusing to sign the company social media policy.
The policy was put in place after the sacking of an employee in 2011 was overturned.
Mr Pearson said the policy imposed restraints on his private activities.
“As Linfox do not pay me or control my life outside of my working hours, they cannot tell me what to do or say outside of work, that is basic human rights on freedom of speech,” Pearson told Fair Work Australia.
Mr Pearson’s appeal has now been overturned, which it is believed will close legal avenues for the former worker.
Commissioner David Gregory said the watchdog was right to uphold its previous decision.
“We have reviewed the decision and are not satisfied that Mr Pearson has identified any unfairness on the part of the Commissioner in terms of the conduct of the matter before him,” the written judgment from the full bench states.
“We are similarly not satisfied that there are any significant errors of fact in the findings made by the Commissioner on the evidence before him.”
Linfox said Pearson’s use of a mobile phone during paid hours and repeated failure to notify when he was absent were among the reasons for dismissing him, as well as his breaching of safe working procedures when loading a trailer.