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Winnipeg Free Press - PRINT EDITION

Be aware of social media benefits, risks

By: Derek Sankey

Posted: 02/4/2012 1:00 AM | Comments: 0 (including replies)

Social media are more pervasive in the workplace.

CALGARY -- Social media are more pervasive than ever in the workplace and appear to be finding some new uses, along with the usual potential benefits and risks already commonly known to employers and employees.

"In terms of workplace relations, social media open up an avenue for a meaningful dialogue with employees or between employers' unions and employees to discuss and hopefully resolve issues that may come up at work," says Len Polsky, a Calgary-based employment lawyer with MacPherson Leslie and Tyerman LLP.

Employers have started using social media in the collective bargaining process to keep employees aware of the status of what's happening and to put to rest any false rumours. Unions use social media to gain support and to keep their members aware of what's happening on their side.

"In collective bargaining . . . a lot of employers are using social media or controlled websites about the status of collective bargaining," says Polsky, who works closely with his colleague, privacy lawyer Dan Furst, to tackle some complex issues that can arise from this evolving area of law.

Polsky recalls one case where the union leadership negotiated agreements that the membership took issue with. "Had they taken advantage of social media in a greater way . . . maybe the leadership could have aligned itself better with the members' thinking."

Social media are also being used in other ways related to the workplace.

"Social media sites are becoming ubiquitous and labour relations boards have also been faced with evidence relating to social media, supporting factors relevant to disputes before them," says Wayne Benedict, a union lawyer for McGown Johnson in Calgary.

Both Polsky and Benedict presented papers recently at the annual conference of the Alberta branch of the Canadian Bar Association citing several cases relating to how social media are used in workplace negotiations and labour relations.

"Social media is a double-edged sword, having potential for both positive and negative influence on business generally, and employment and labour relationships specifically," says Benedict.

To minimize the negative risks for employers, trade unions and employees, clear social media policies should be developed and implemented, communicated clearly and consistently enforced, he adds.

Evidence from social media sites has also been used in workers' compensation benefits claims, usually in an attempt to show that the claimant is more able to work than he or she claims.

"Social media is not going away and it will continue to be a factor in employment and labour relationships before, during and after those relationships," Benedict says.

The 2011 Cisco Connected World Tech Report found in a study of 2,800 college students and young professionals that 56 per cent reported that "if they encountered a company that banned access to social media, they would either not accept a job offer or would join and find a way to circumvent corporate policy."

However, there are still very real risks to employees who use social media, either from a recruitment perspective for background checks or by making negative postings about their employer.

"When an employee takes that road, he (or she) has to appreciate that it is a public forum and there are consequences to the employer, to the employees" and to themselves, Polsky says.

Many organizations have already realized some of these risks and are moving to develop clear policies around the use -- or misuse -- of social media.

The federal government recently encouraged federal civil servants to utilize social media, but set out the rules for such use in a 25-page social media use policy handbook.

"As time has gone on . . . employers have realized they have to take action," Polsky says. "They have real exposure to some benefits, but also to liability and downsides if they don't take action."

The best way to take action is to develop a "coherent" Internet and social media policy.

"The key message is to get lawyers and their clients to recognize that use of social media in the workplace is pervasive and needs to be addressed," Polsky says.

-- Postmedia News

Republished from the Winnipeg Free Press print edition February 4, 2012 H2

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