The employee posted explicit, insulting and threatening comments about his employer and another employee on his Facebook page from a personal computer.  The employee did not name the employer or the employee being threatened.  However, the comments were visible to and read by a number of other employees.  The employee was dismissed for serious misconduct.

FWA dismissed the employee’s unfair dismissal claim, finding that his actions did constitute serious misconduct.  FWA held it did not matter that the comments were made on a personal computer and outside work hours.  The comments were disrespectful and were viewed by other employees.  Further, threatening another employee was a serious issue which could not be tolerated in the workplace.

O’Keefe v William Muir’s Pty Ltd T/A Troy Williams The Good Guys [2011] FWA 5311 [2011] FWA 5311