29th September 2025
By Joseph Kelly, Kelly Workplace Lawyers
Can My Social Media Posts Get Me In Trouble At Work?
In the age of constant connectivity, many employees ask: can what I post on Facebook, Instagram or X land me in legal hot water at work? The short answer is: yes, under certain circumstances, but the real picture is more complex under Australian workplace law.
When can your social media posts cause workplace trouble?
- Breach of contract, policies or lawful directions
If your employment contract or workplace policies include clear, lawful requirements about social media use. e.g. no disparagement of the employer, no disclosure of confidential information, or requirements to seek approval before commenting publicly. A deliberate and serious breach might justify disciplinary action (even dismissal), provided the employer follows fair procedures.
- Reputation, impartiality or conflict of interest concerns
For some employers (especially media, public, government or high-profile organisations), employee social media commentary may be seen as harming the employer’s reputation or compromising perceived impartiality. In those contexts, employers may try to rely on “out-of-hours conduct” rules to justify discipline. But the law does not allow blanket control over employees’ private lives. Any direction must be lawful, reasonable, and properly enforced.
- Protected attributes and adverse action risks
Under the Fair Work Act 2009 (Cth), certain attributes are protected against adverse action (such as termination) — including political opinion. That means an employer cannot dismiss or penalise an employee because of their political beliefs or expressions. If a social media post is genuinely a political opinion, and that is a significant factor in the employer’s decision, an employee may have a legal claim.
This was precisely the issue in the Lattouf case.
The Lattouf case
In Lattouf v Australian Broadcasting Corporation (No 2) [2025] FCA 669, the Federal Court held that the ABC unlawfully terminated journalist Antoinette Lattouf after she posted commentary about the genocide in Gaza.
Here’s what makes Lattouf so instructive for Australian workplaces:
- The ABC had argued that Ms Lattouf breached its social media and editorial policies. But the Court found the ABC could not identify a valid breached policy, and in fact conceded that her posts did not contravene its social media guidelines.
- Critically, the ABC failed to follow proper disciplinary or procedural steps required under its own Enterprise Agreement. For instance, Ms Lattouf was not given written notice of the allegations, an opportunity to respond, or the right to representation.
- The Court held that the termination contravened section 772(1)(f) of the Fair Work Act because the dismissal was, in part, motivated by Ms Lattouf’s political opinion expressed on social media.
- Ms Lattouf was awarded $70,000 in compensation for non-economic loss (emotional distress, reputational harm) for the unlawful dismissal.
In short: even in a public organization where reputation and impartiality are of heightened concern, the Court held the employer overstepped by terminating an employee for their public political views — especially when proper procedures and valid policy breaches were lacking.
What lessons should employees and employers take from this?
For employees:
- Be cautious with social media, particularly where your employer has policies or a public reputation to protect.
- When expressing political views, understand that such expression is legally protected. If adverse action is taken because of those views, a legal claim may arise.
- If a workplace asks you to refrain from social media posting, seek clarity whether that is a binding direction or merely advice and vague “requests” may not suffice.
For employers:
- Your social media, conduct and disciplinary policies must be clear, lawful, reasonable and consistently applied.
- Always follow procedural fairness, including giving notice, allowing response, and offering representation, especially where dismissal is under consideration.
- Avoid making employment decisions solely for reputation management without proper legal and factual foundation.
- Be especially cautious where political opinion or public interest issues are involved — decisions perceived to be influenced by external pressure or public controversy can draw legal risk (as in Lattouf).
Conclusion
Yes, your social media posts can get you in trouble at work, but only under certain circumstances. The law does not permit employers to rigidly control employees’ private speech, especially when that speech involves political opinions which are protected. The Lattouf case starkly illustrates that improperly dismissing an employee for their social media-expressed views, without valid policy breach and without procedural fairness, can lead to legal liability.
If you’re uncertain whether your own posts may expose you (or your employer) to risk, it’s wise to seek legal advice tailored to your workplace, contract, and industry.
Please see our booking tab to make an appointment.
