The CCMA has made two interesting decisions about whether it is unfair for an employer to dismiss an employee for posting intentionally offensive statements about their employer on a social networking website, like Facebook. The decisions are reported under Sedick & another / Krisray (Pty) Ltd  JOL 27445 (CCMA) and Fredericks / Jo Barkett Fashions (2011) 20 CCMA 8.24.3.
The employees in each case were fairly dismissed, because the Arbitrators held that their privacy had not been infringed when their employers accessed their Facebook posts. The employees had published the statements in the public domain by not restricting their Facebook privacy settings. The CCMA took the view that, their employers were entitled to intercept the posts in terms of South African monitoring law.
These decisions raise the question, “How can organisations manage the use of social networking websites by their employees properly?”