Wednesday, 22 January 2025
The Media, Internet and Data Protection Bar Association (MIDBA) and the Employment Bar Association (EBA) to discuss the rights of employers and employees regarding social media usage, freedom of expression and monitoring.
On Wednesday, 22 January, The Bar of Ireland’s MIDBA and EBA specialist bar associations will discuss and debate the evolving legal landscape surrounding employees’ social media activities and their potential employment repercussions.
Topics for discussion include recent Workplace Relations Commission (WRC) cases involving disciplinary actions due to social media posts, the extent of employer monitoring of employees’ private social media accounts, and the implications of employees expressing controversial opinions online.
Clíona Kimber SC, a leading barrister in Employment and Equality Law, co-author of Cyberlaw and Employment and former Chair of the Employment Bar Association, will answer key questions regarding to what extent an employer is permitted to monitor an employee’s social media usage, defining what constitutes social media commentary that is work-related or simply an expression of opinion about something unrelated to someone’s employment, and the importance of an employer having a social media usage policy with clear parameters outlined within.
Commenting on the upcoming event Clíona said,
The boundaries between personal expression and professional responsibilities are increasingly blurred. It’s crucial for both employers and employees to navigate with a clear understanding of their rights and obligations. Besides disciplinary action, another issue we increasingly see relates to what an employer’s responsibilities are when an employee experiences an “internet pile on” due to views posted online and how the employer navigates this from a reputational perspective.
Michael O’Doherty BL, practicing barrister, author of Internet Law and Chairperson of MIDBA, will also speak at the event. He will discuss issues including the constitutionally protected rights to freedom of expression and privacy, the contours of those rights and how they engage with social media posts, as well as the requirement for an employer to prove that their reputation has been damaged by the conduct of their employees.
Michael O’Doherty SC said,
The legal implications of online conduct in the workplace cannot be overlooked. One disclaimer we often see is “Opinions expressed are my own and not those of my employer”. This event aims to shed light on the legitimacy of this, and on the current legal framework and its practical applications for employees, employers and legal practitioners alike.
