Employee's Facebook Fallacy

Kaimai_Law_Bethlehem_Commercial_eSpeaking_Summer_13.pdf

After requesting one week’s leave without pay to attend a sporting championship and being granted only three days by his employer, Mr Taiapa reported in sick claiming he had damaged his calf muscle and was unfit for work. Regrettably for Mr Taiapa, a colleague saw him leaving town with his family and his employer became aware of a photograph on Facebook showing Mr Taiapa smiling and giving the thumbs up with ‘a large female sitting on his knee’.

After an investigation and based on a number of factors, Mr Taiapa was dismissed for serious misconduct by dishonestly taking sick leave. The Employment Relations Authority concluded it was open to a fair and reasonable employer to view Mr Taiapa’s actions as dishonest and that they undermined the necessary trust and confidence required in the employment relationship.

1 [2012] NZERA Auckland 252