Gay marriage Facebook remark: dismissal wrongful (News, 27 November 2012)

Article summary

The dismissal of an employee as a result of his posting comments on his Facebook wall expressing disapproval regarding the possibility that gay marriages might take place in churches, on the ground that he had thereby committed a serious breach of his employer's Code of Conduct and Equal Opportunities Policy, was in fundamental breach of contract and hence wrongful, because (a) his Facebook wall was used for personal and social, rather than work-related, purposes, (b) no reasonable reader could rationally conclude that it consisted of, or even included, statements made on his employer's behalf, (c) the postings did not, and could not, bring the employer into disrepute, (d) the views had been expressed in a manner that was not judgmental, not disrespectful and not liable to cause discomfort, embarrassment or upset, and (e) in the circumstances, the prohibition, in the employer's Code of Conduct and Equal Opportunities Policy, on the promotion of political and religious views did not extend to the employee's...