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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.

The Nursing Home contended that it came to her attention that the claimant had a Facebook page on which she disclosed information about the nursing home. She was immediately asked to delete the page which she did. The nursing home subsequently became aware that the claimant had set up a further private page and that she had allegedly published pictures of residents which were extremely distasteful.

The claimant employee was subsequently suspended and the Nursing Home subsequently investigated and dismissed the claimant. She was also given a right of appeal to the dismissal.

The Workplace Relations Commission held

“The complainant had been warned about her conduct in relation to Facebooks posts on the 18th March. She was fully aware of the respondents’ policy in relation to same. I find that the entire disciplinary process was fair, thorough and transparent and that the sanction of dismissal was well within the band of reasonableness in all of the circumstances”.


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