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Social Media Platforms Used for Notification of Court Order


Justice Anne Ferguson of the Victorian Supreme Court recently ordered an interim injunction be issued in the case involving the National Union of Workers members engaging in protest action at the Coles distribution plant in Somerton. The injunction was essentially to prevent union members taking any further action that may impede access in and out of the plant. The more novel aspect of the injunction was Justice Ferguson’s order that the union when informing its members of the injunction, also use its Twitter and Facebook accounts.

The use of Twitter and Facebook as a communication medium for notification of court orders is a novel and fairly clear example of the relatively mainstream and widely accepted use of social media throughout most aspects of contemporary life, including in this case in a major workplace dispute. Presumably the more complex aspects of this type of scenario involve to what extent communication via platforms such as Twitter will amount to sufficient notification; what, if any, privacy implications flow from the use of publicly accessible social media platforms to advise of court orders; and the effect(s) of the increasingly pervasive assumption that most people engage with social media including within their workplace.

The law may still be grappling with the legal implications of social media and what the intersection of the law should be with social media in a number of different forums. Whilst this debate continues, however, and the law struggles to catch up with recent technological innovations, it would appear clear that the innovations in and the level of societal engagement with social media will continue regardless.

On these facts, the added use of social media platforms in this case, to notify members of an injunction affecting them, would appear to be an innovative attempt to provide the broadest possible  notification by engaging social media as a means of quickly and efficiently reaching a broad section of the population.

Guest post by Sarah Waterhouse, Paralegal, BlandsLaw

Can your employer own your twitter account?


Jeremy, from Credit Card Daily, raised a very interesting question in his recent article, on whether our ex Prime Minister Kevin Rudd, still owned his Twitter account @KevinRuddPM even though he is no longer the PM? The implication is that perhaps the Australian Federal Government (his employer) or the Labor Party might claim some ownership.

This is an interesting question – could there be a situation where the employer has ownership over a Twitter account? What are those situations and what is the resulting advice over managing ownership of Twitter accounts?

Now I just want to emphasize that I am not lawyer, so this is not legal advice (obligatory disclaimer), however as I do work for a law firm I have access to some pretty good legal minds so I asked around and though the answers seem quite obvious they do emphasize the importance of how you name your Twitter accounts.

In essence, if your Twitter handle is in your personal name ie @vstorey, then your employer could have little substance in a claim to any ownership of the account. If, however, your Twitter handle references your employer in any way ie @VivBlandsLaw then the company may have some legitimate claim to ownership.

So what are the implications inthe way you name your Twitter handle? Well, it’s fairly straight forward. If you are an employer that wants to retain a Twitter account around the movement of employees in and out of the company, make sure your employees tweet under Twitter handles that reference your company. Different companies handle this in different ways; for example, some use a single twitter account that gives multiple access to employees who sign off on their tweets using their initials. Understand that even if your employees are tweeting on behalf of the company but using personal Twitter handles they will be able to continue using this Twitter handle even after they have left the company.

If you are worried about retention of intellectual property, remember that Twitter is highly public; you can easily see who anyone is following and conversely, who is following them. You might want to make sure your restrictive clauses in your employment contracts include a direct reference to solicitation via social media. This to ensure that ex-employees are not using their Twitter accounts to solicit for competing business post employment.

Ideally, the naming of Twitter handles should be covered in a companies social media policy that employees are aware of. There should be some known protocol and procedures in developing any social media naming conventions, most especially around including company names.

Thoughts?? Our solicitors are requesting some test cases please!

9 things you need to know before using social media at work


See on Scoop.itSocial Media Policies in the Work Place

Here’s what we’ve learned from a 600-person survey — and what we want to share with you about using social media at work. (Should you use #SocialMedia at work?

Vivienne Storey‘s insight:

Interesting!

See on venturebeat.com

Here’s What’s Missing from Your Company’s Social Media Policy | JD Supra


See on Scoop.itSocial Media Policies in the Work Place

For a legal perspective, we asked attorneys writing on JD Supra to tell us what, in their experience, they most often found to be missing from workplace social media policies. We knew…

Vivienne Storey‘s insight:

Some great tips to managing social media positively in the work place.

See on www.jdsupra.com

Misuse of internet and social media driving 15% rise in workplace disciplinaries


See on Scoop.itSocial Media Policies in the Work Place

Disciplinaries in the workplace have risen by 15% over the past year according to research from specialist HR recruiter Ortus. On … (Facebook and Twitter at work prompt 15% rise in disciplinary measures at work.

Vivienne Storey‘s insight:

Some interesting stats reflecting the rise and rise of social media in the workplace.

See on www.hrreview.co.uk

Who Owns a Social Profile? You or Your Company?


See on Scoop.itSocial Media Policies in the Work Place

Insurance agencies of all sizes are taking their marketing campaigns online using various social media and networking platforms. Currently, there are about 450 different online social platforms.
See on www.linkedin.com

Regulating Social Media usage in your company


See on Scoop.itSocial Media Policies in the Work Place

Have you set rules to regulate the usage of Social Media within your company? Where is the limit between employees’ privacy and company’s rights?

See on www.julienrio.com

It’s a Good Policy to Have Social Media Rules in Writing – Room for Debate


See on Scoop.itSocial Media Policies in the Work Place

The best guidelines appeal to the self-interest of the employee and the online reputations that we all carry from job to job. By Phil Gomes.

Vivienne Storey‘s insight:

Great article from the New York Times focussing on the "tenets of online citizenship".

See on www.nytimes.com

When Social Sharing Goes Wrong: Regretting The Facebook Post : NPR


See on Scoop.itSocial Media Policies in the Work Place

Researchers explored the many ways what we say on Facebook get us in trouble and how offline and online regret aren’t the same. Users often don’t remember or know who might see their Facebook content until it’s too late.

Vivienne Storey‘s insight:

Some good insights into what you may inadvertantly share – and regret.

See on www.npr.org

Writing Your First Internal Social Media Policy? Here’s What You Need To Know


See on Scoop.itSocial Media Policies in the Work Place

Social Media policies have been in the news in the last week and it has brought up the same questions for many companies big and small – w (Writing Your First Internal Social Media Policy?

Vivienne Storey‘s insight:

I actually quite like the social media success wheel diagram in this article!

See on tweakyourbiz.com

Network Rail’s social media ‘clampdown’


See on Scoop.itSocial Media Policies in the Work Place

Network Rail begins a ‘clampdown’ on its employees use of social media. (Network Rail begins #socialmedia ‘clampdown’ for employees – do you have a social media policy in place?

Vivienne Storey‘s insight:

This is an interesting tack to take – do you see this as a "clampdown" or is it more of trying to ensure that the general publich get a controlled message?

See on www.bbc.co.uk

HR Magazine – A rise in employers using social media for internal communications, Towers Watson research finds


See on Scoop.itSocial Media Policies in the Work Place

Do you use social media at work, for work purposes? -http://t.co/XvWib7Fqr4

Vivienne Storey‘s insight:

This is an interesting trend. Are you using social media to communicate internally with employees?

See on www.hrmagazine.co.uk

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