Unfair Dismissal Justified for Facebook Posts

In this recent case before the Workplace Relations Commission, the claimant argued that her dismissal from the Nursing Home was disproportionate and unfair. In essence this means that she felt "the punishment did not fit the crime" and her employer should have considered another sancition or penalty other than dismissal. [...]

By |2019-10-18T13:52:33+00:00October 8th, 2019|latest news|Comments Off on Unfair Dismissal Justified for Facebook Posts

Government Publishes Cyberbullying Bill 2013

The Government published the Cyberbullying Bill 2013 last week with a view to tackling the ever-growing problem of bullying online or cyber bullying. A link to the Bill is available here The Bill proposes to address what the Government perceives to be deficiencies of the existing criminal legislation by creating [...]

By |2019-10-18T10:26:23+00:00November 18th, 2013|Cyberbullying Bill 2013, latest news, social media|Comments Off on Government Publishes Cyberbullying Bill 2013

Facebook posting and demotion – English High Court rules in favour of Employee but expresses “real disquiet” about the financial award

The recent English decision of Mr Adrian Smith  v Trafford Housing Trust [2012 EWHC 3221 (Ch) delivered by Justice Briggs in November 2012 sheds further light on the explosion of social media and how it impacts on the workplace. This case is one to watch as it concerns a breach of contract action, which [...]

By |2019-10-18T10:19:25+00:00March 19th, 2013|Constructive Dismissal, Contracts of Employment, Facebook, Freedom of Expression, latest news, Privacy, social media, Unfair Dismissal|Comments Off on Facebook posting and demotion – English High Court rules in favour of Employee but expresses “real disquiet” about the financial award

Bullying in Schools – Establishment of Anti Bullying Working Group and Action Plan

The Department of Education recently launched an action plan in January 2013 against cyber bullying in schools which has unfortunately become an epidemic especially with the ever-growing popularity of social media. Minister Ruari Quinn commissioned the report and arranged for the establishment of an Anti Bullying Working Group who were tasked with [...]

By |2019-10-18T10:19:25+00:00March 6th, 2013|Bullying and Harassment, latest news, Schools, social media|Comments Off on Bullying in Schools – Establishment of Anti Bullying Working Group and Action Plan

Data Protection and proposals for “one stop shop”

It is proposed under new EU rules that Ireland's Data Protection Commission may be set to become the lead agency for regulating companies such as Facebook and Google across Europe. In a proposed overhaul by the EU Commission of data protection rules, companies will have to contact fewer regulators for [...]

By |2019-10-18T10:17:03+00:00January 9th, 2013|data protection, Privacy, social media|Comments Off on Data Protection and proposals for “one stop shop”

Social Media and Discoverability – a thorny issue

In a recent talk I gave on Social Media and the law, the issue of discoverability of social media evidence was a hot topic and I recently came across another interesting case EEOC v Original Honeybaked Ham Company of Georgia Inc., No.11-02560-MSK_MEH (D.Col. Nov.7, 2012) reported on the excellent Delaware Employment Law Blog. This case [...]

By |2019-10-18T10:17:04+00:00November 20th, 2012|passwords, social media, Uncategorized|Comments Off on Social Media and Discoverability – a thorny issue

California becomes third state to pass legislation banning employers seeking social networking passwords

It has been reported that California is now the third state to pass legislation banning employers from requesting or requiring the social-networking passwords of employees and applicant as highlighted in the very informative Delaware Employment Law Blog http://www.delawareemploymentlawblog.com/2012/08/california-is-now-the-third.html?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+blawgs%2FNZgVCom+(Delaware+Employment+Law+Blog). From previous posts, Maryland was the first state to pass a social media [...]

By |2019-10-18T10:16:20+00:00August 31st, 2012|Passing Off, social media|Comments Off on California becomes third state to pass legislation banning employers seeking social networking passwords

Social Privacy Bill passed by Californian Senate this week

On Tuesday of this week, the Californian Senate unanimously passed the Social Privacy Bill which will prohibit Colleges and Universities from requesting access to student's social media accounts. Governor Jerry Brown has until 30th September 2012 to sign or veto the Bill. As outlined in my recent blog posts, there [...]

By |2019-10-18T10:16:21+00:00August 24th, 2012|Privacy, social media|Comments Off on Social Privacy Bill passed by Californian Senate this week

Illinois second state to ban employers from requesting social network usernames or passwords

Illinois has become the second state after Maryland in the US to ban employers from asking employees or job candidates for their Facebook or other social networking account information. Several other states are also considering bans, including Washington, Delaware and New Jersey. This week, Illinois Govenor Pat Quinn signed into law [...]

By |2019-10-18T10:16:21+00:00August 2nd, 2012|Privacy, social media|Comments Off on Illinois second state to ban employers from requesting social network usernames or passwords

UK employer liable for facebook status “finally came out of the closet” “hijack” of ex-employee by colleagues

I recently came across this case of the London South Employment Tribunal of 19th June 2012 whilst doing some research for a presentation I am doing for Legal Island later this year. The UK case of Otomewo v Carphone Warehouse [2012] EqLR 724 again demonstrates that employers can be held vicariously liable for discriminatory [...]

By |2019-10-18T10:16:00+00:00July 22nd, 2012|Equality, Privacy, social media|Comments Off on UK employer liable for facebook status “finally came out of the closet” “hijack” of ex-employee by colleagues

Saudi Arabia considering law to criminalise insulting islam including in social media

Interesting article by Reuters whereby Saudi Arabia said to be looking at ways to criminalise insulting Islam including through social media.The potential regulations come five months after a Saudi blogger and columnist  Hamza Kashgari, 23, was arrested for tweeting comments deemed as insulting the Prophet Mohammad. It is reported that the proposed regulations will carry [...]

By |2019-10-18T10:16:00+00:00July 19th, 2012|social media|Comments Off on Saudi Arabia considering law to criminalise insulting islam including in social media

Discovery of Plaintiff’s Social-Networking Profile

Another interesting article from the Delaware Employment Law Blog concerning the Discovery of Plaintiff's Social-Networking Profile. Here Molly diBianca reports on the case of Thompson v. Autoliv ASP, Inc., where the plaintiff alleged personal-injury and product-liability claims, arising from a car accident in April 2007. The plaintiff alleged that she sustained [...]

By |2019-10-18T10:16:00+00:00July 19th, 2012|social media|Comments Off on Discovery of Plaintiff’s Social-Networking Profile

Twitter ordered to hand deleted tweets of user arrested during occupy wallstreet demonstration

Interesting article (link attached here) reporting case in Manhattan on July 2nd whereby Twitter ordered to turn over some of deleted tweets of a user who was arrested in October 2011 during an Occupy Wall Street demonstration. Although Twitter opposed the application, the Judge remained firm except to limit what [...]

By |2019-10-18T10:16:00+00:00July 12th, 2012|Privacy, social media|1 Comment

Twitter Joke Trial Returns to Court – Reported Irish Times 27.06.12

Paul Chambers, an accountant in the UK, found guilty of sending a menacing tweet has renewed his challenge against his conviction in the High Court today Three judges, headed by the Lord Chief Justice have started a review of his case. The accountant was fined £385 and ordered to pay £600 costs [...]

By |2019-10-18T10:16:01+00:00June 27th, 2012|social media|Comments Off on Twitter Joke Trial Returns to Court – Reported Irish Times 27.06.12

New Louisiana law requires sex offenders/child predators to state their criminal status on Facebook

Interesting report on CNN The new Louisiana law states that sex offenders and child predators "shall include in his profile for the networking website an indication that he is a sex offender or child predator and shall include notice of the crime for which he was convicted, the jurisdiction of [...]

By |2019-10-18T10:15:38+00:00June 26th, 2012|Facebook, Privacy, social media|Comments Off on New Louisiana law requires sex offenders/child predators to state their criminal status on Facebook