Chamber of Labor won compensation for dental assistant and advises caution when dealing with social networks
The Chamber of Labor of Lower Austria (AK NÖ) uses an unusual labor law case to point out the dangers of careless use of social networks. Specifically, a 22-year-old dental assistant in the Neunkirchen district was dismissed while she was sick because her employer misinterpreted an Instagram post.
The assistant had posted a photo of a celebration on Instagram while on sick leave. Her employer assumed that the woman herself would have been present at this celebration. According to the AK, this was not the case at all. She had just shared a picture of her brother's party. The young woman turned to the AK for help. This brought the case to the labor and social court because there was no agreement with the company.
No wrongdoing
The judge in charge saw no evidence of misconduct by the assistant. She was not at the party, she only shared a contribution from her brother. The posting is therefore not a reason for dismissal. The employee had to be paid back outstanding claims in the amount of 6,080 euros. For AK-NÖ President Markus Wieser, the case shows “how important our support and expertise is when it comes to social media issues in the world of work”.
AK-NÖ President Wieser
Tips in dealing with Facebook & Co.
The AK advises employees to be careful when dealing with social networks and has the following tips:
– Think before about after: Please always remember that every entry on Facebook, Twitter, Instagram etc. is saved and available. Even with high security settings, contributions can be photographed and redistributed in this way.
– No confidentiality: Under no circumstances should you publish confidential data or facts about the employer – this can even lead to dismissal.
– Beware of sick leave: When sick you have to behave in such a way that you get well again as quickly as possible. So: do not post any reports or photos of non-recovery activities.
– No insults: Insults to bosses or colleagues or critical comments about your own employer that are damaging to your reputation are also to be avoided – this could lead to negative consequences.
– Keep things moderate: The use of social media during working hours can be prohibited by the employer. In any case, a certain amount should not be exceeded.
