An employee who worked as a manager at a Childcare Centre has had her personal grievance claim for unjustified dismissal rejected by the Employment Relations Authority.

The employer dismissed the employee for “liking” two separate Facebook posts on her employment advocate’s business Facebook page that included comments that were highly critical of the employer, and for adding a comment to the first post.

In doing so, the posts and her comment were published to all of the employee’s ‘Facebook friends’ that included other Centre staff, and parents with children at the Centre.

The ERA held that the employer’s dismissal of the employee for serious misconduct was justified, and the dismissal was an appropriate response of a fair and reasonable employer. Unlike so many other employers the employer in this case also got the process right to get to the decision to dismiss.