Employee rights in the real and online world
July 10, 2009This article by employment lawyer Ruth Braakhuis has some interesting information on employee’s rights when using social networking sites like Facebook.
The article was written almost two years ago, so while the information is still relevant, the use of Facebook has increased significantly since then.
Braakhuis talks about public and private Facebook profiles, and what legal rights an employee has if their potential/current employer decides to check their Facebook page or add them as a friend.
The legality regarding the use of Facebook by employers and recruitment agencies as part of the recruitment process, and its use by employers to keep tabs on current employees, is largely untested. An employer incorporating Facebook checks as part of their recruitment policy should not do so without seeking legal advice, to avoid breaching its statutory obligations (particularly those under the Privacy Act 1993 the Human Rights Act 1993). An employer thinking of using Facebook to keep tabs on current employees should also consider the potential liability they open themselves up to under the Employment Relations Act 2000 by doing so. Consideration should also be given to the ethical side of such an approach to recruitment or employee monitoring.
