Is a social media policy necessary for your business?

October 29, 2026

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Regardless of who you are or the size of your business, the widespread and exponential use of social media in the last few years means that social media has significant potential to affect you and your customers. The business world is rife with stories where a company’s reputation has been adversely affected by a single inappropriate post on social media linked to the company.



Is a Social Media Policy Necessary?

Like most other policies and procedures found in the workplace, some of the benefits to having a social media policy in place include:

 

  • Letting employees know what is expected of them;
  • Maintaining a common standard throughout the business where employees are treated equally;
  • Assistance with decision making; and
  • Providing guidance for dealing with complaints and disputes when they arise.

 

There has been an increasing number of disputes between employers and employees in relation to an employee’s use of social media. In the recent case of Waters v Mt Arthur Coal, the employee made an application for unfair dismissal after his employment was terminated for posting incorrect work related information on Facebook, affecting hundreds of other employees. While the post was made outside of work hours and on his personal account, the Commission found in the employer’s favour and determined that the post was related to work matters and was in breach of an existing workplace policy.



How Does This Apply To You?

While the case above provides that it is possible to terminate an employee due to social media conduct, factors employers need to consider before doing so include, but are not limited to:



  • whether or not any damage or conflict occurred within or to the workplace;
  • if the conduct damages the employer’s interest or working relationships;
  • the employee’s past performance;
  • the impact social media posts have on the employer’s business;
  • whether or not the employee was aware of the social media policy; and
  • the accessibility of the social media policy.


While a breach of a known workplace policy would give an employer much stronger reason to consider termination, the employer should still provide procedural fairness within any investigation and subsequent disciplinary action, including termination. In the case of Singh v Aerocare Flight Support Pty Ltd, the employee was found to have been wrongfully dismissed after his offensive comments on Facebook were found to have been sarcastic in nature but the employer had failed to properly research the matter before dismissing Mr Singh.



Things to Consider

Workplace policies and procedures will likely vary between businesses and industries, for example an office environment will likely have different, and generally less onerous, safety procedures than you would consider for other more high risk environments such as a mining or construction sites.



The following are some things to consider when reviewing or creating a workplace policy:



  1. Clarity – policies should be in language that is easy to understand, explain what you expect from your employees and the consequences of acting in breach of the policy.
  2. Awareness – all employees should know you have these policies and where to find them. When bringing onboard new employees ensure that you have provided them with access and copies, and it is best practice to require acknowledgement from new employees that they have read and understood the policy.
  3. Training – provide training to employees on all key policies, different levels of employees may require training on different policies, for example a manager may require training on managing a complaint, however all staff may require training in relation to general health and safety risk and issues.
  4. Review (and Update )– keep policies up to date with changes in your business, relevant laws, accepted practice in your industry and with other policies and procedures in your business with regular reviews and updates.

When it comes to workplace policies you must ensure that they are reasonable and purposeful, and therefore don’t do more harm than good to the culture and moral in your business, and that they are not contrary to any legislated requirement, including the Fair Work Act.



Where Next With Your Social Media Policy


Not all social media polices are created equal.



As mentioned above, the type of social media policies and its contents will differ from business to business. Using a standard template form for a social medial policy will rarely be as effective as engaging a professional to draft or review your policy. Your social media policy has to reflect the nature of your business, including its employees, marketing strategies and client engagement strategies amongst other things.



If you would like assistance generally in employment matters, please contact us on (08) 9321 5451. For further information about our legal services, please visit our website: https://www.bailiwicklegal.com.au/



The above information is a summary and overview of the matters discussed. This publication does not constitute legal advice and you should seek legal or other professional advice before acting or relying on any of the content.

October 29, 2026
For many growers, the biggest barrier to pursuing a claim is not the legal process itself. It is the relationship. In regional communities, suppliers, agronomists and growers often work together over many years, and many farmers are understandably reluctant to raise concerns if they believe it may damage a valued business relationship. Recent discussions regarding the performance of certain canola varieties have highlighted an important issue for farming businesses: protecting your legal rights does not necessarily mean taking an aggressive approach or ending a long-standing commercial relationship. Where concerns arise about the performance of a seed variety, chemical or other agricultural product, growers are often hesitant to make inquiries or seek compensation because the supplier may be a trusted local business or a person they have dealt with for decades. However, raising legitimate concerns and seeking advice should not be viewed as a personal attack. In many cases, suppliers will notify their insurer as soon as a significant claim is raised. From that point, discussions regarding liability and compensation are often managed by insurers, loss assessors and legal representatives. As a result, a grower may effectively be dealing with an insurance claim rather than a dispute directly with the supplier. That distinction is important. A claim can often be investigated and resolved without permanently damaging an otherwise productive business relationship. At the same time, growers should be aware that not every supplier is insured for every type of loss. Some businesses may not carry insurance that responds to large-scale agricultural claims, while others may not have sufficient coverage where multiple growers are affected. Early advice can therefore be critical in understanding both your legal position and the practical realities of recovery.  If you are experiencing concerns regarding crop performance, keep detailed records, retain product packaging, batch information, invoices and correspondence, obtain independent agronomic advice, and seek legal advice before signing any settlement agreement, release or non-disclosure agreement (NDA). Protecting your rights does not have to mean burning bridges. Often, the best outcomes are achieved through early communication, careful investigation and practical resolution. Author: Matilda Lloyd, Associate Director of Bailiwick Legal, assists farming families and agribusinesses throughout Western Australia with commercial disputes and risk management. For assistance with all of your agribusiness needs, contact Bailiwick Legal: West Perth Office on 08 9321 5451 or email office@bailiwicklegal.com.au Bridgetwoen Office on 08 6288 6240 or email bridgetown@bailiwicklegal.com.au For further information about our legal services, please visit our website: https://www.bailiwicklegal.com.au The above information is a summary and overview of the matters discussed. This publication does not constitute legal advice and you should seek legal or other professional advice before acting or relying on any of the content.
October 29, 2026
One of the most common concerns we hear from growers experiencing issues with agricultural products is: "I don't want to sue someone I've known for years." In regional communities, business relationships matter. Suppliers, agronomists and growers often work together over many seasons, and many farmers are understandably reluctant to take action if they believe doing so may damage those relationships. However, pursuing a claim does not necessarily mean attacking a long-standing business relationship. In many cases, the supplier will notify its insurer of the claim and the matter will be managed by the insurer and its representatives. Where insurance is available, discussions regarding compensation often proceed through the insurer's claims process rather than as a personal dispute between grower and supplier. For that reason, growers should not assume that raising legitimate concerns about product performance will automatically result in the loss of an important commercial relationship. That said, every situation is different. Some suppliers may not carry insurance for particular losses, and others may not have sufficient insurance coverage to respond to multiple large-scale claims. In those circumstances, early advice can be particularly important, both to preserve evidence and to understand the practical options available. If you believe a seed variety, chemical or other agricultural product has not performed as represented, keep detailed records, obtain independent agronomic advice and seek legal advice before signing any settlement agreement, release or non-disclosure agreement. The earlier advice is obtained, the more options are generally available. Author: Matilda Lloyd, Associate Director of Bailiwick Legal, assists farming families and agribusinesses throughout Western Australia with commercial disputes and risk management. For assistance with all of your agribusiness needs, contact Bailiwick Legal: West Perth Office on 08 9321 5451 or email office@bailiwicklegal.com.au Bridgetwoen Office on 08 6288 6240 or email bridgetown@bailiwicklegal.com.au For further information about our legal services, please visit our website: https://www.bailiwicklegal.com.au The above information is a summary and overview of the matters discussed. This publication does not constitute legal advice and you should seek legal or other professional advice before acting or relying on any of the content.
October 29, 2026
Recent concerns regarding the performance of certain canola varieties have attracted significant attention across the Western Australian grain industry. The issue was recently discussed on the ABC WA Country Hour, where Philip Brunner, Director of Bailiwick Legal, commented on the legal issues that may arise when agricultural products fail to perform as expected. Farmers understand that crop performance can be affected by seasonal conditions, rainfall, frost, pests, disease and other factors beyond their control. However, different considerations may arise where a seed, chemical or agricultural product does not perform consistently with the representations made by the supplier at the time of sale. A well-publicised dispute involving John Snooke, a grower from Cunderdin, highlighted these issues when concerns were raised regarding the performance of a herbicide-tolerant canola variety. Following intervention by the WA Department of Consumer Protection, compensation was ultimately paid to affected growers. As input costs continue to increase, growers should be aware that legal protections may be available where a product: Does not match its description; Is not fit for its intended purpose; or Fails to perform in accordance with representations made by the supplier. If a crop is underperforming, growers should retain seed tags, invoices, marketing materials and paddock records, obtain independent agronomic advice and notify the supplier as soon as possible. Early evidence can be critical in assessing whether a legal claim may exist. Importantly, growers should not sign any settlement agreement, release or non-disclosure agreement (NDA) without first obtaining independent legal advice. These documents may limit future rights or prevent growers from discussing the issue with others who may be similarly affected. Author: Matilda Lloyd, Associate Director of Bailiwick Legal, assists farming families and agribusinesses throughout Western Australia with commercial disputes and risk management. For assistance with all of your agribusiness needs, contact Bailiwick Legal: West Perth Office on 08 9321 5451 or email office@bailiwicklegal.com.au Bridgetwoen Office on 08 6288 6240 or email bridgetown@bailiwicklegal.com.au For further information about our legal services, please visit our website: https://www.bailiwicklegal.com.au The above information is a summary and overview of the matters discussed. This publication does not constitute legal advice and you should seek legal or other professional advice before acting or relying on any of the content.