UK tribunal upholds Apple's firing of retail employee for critical Facebook post
The employee, named Crisp, lodged a complaint with the tribunal after he was fired for gross misconduct when negative posts to a private Facebook page were passed along to the Apple Store manager by a coworker. Though Crisp had argued that the dismissal was unfair because the messages were private, the tribunal decided that the communication was not protected because friends could have easily copied and shared it.
Also at issue was whether Apple's social media policy prohibiting "commentary on Apple products, or critical remarks about the brand," was valid, as noted by People Management. Report author Jamie Hamnett, an employment partner at law firm Addleshaw Goddard LLP, wrote that the tribunal upheld Apple's policy partly because its brand and image are central to its success.
"[Crisp] retained his right to freedom of expression under Article 10, but Apple successfully argued that it was justified and proportionate to limit this right in order to protect its commercial reputation against potentially damaging posts," the report said.
ifoAppleStore noted that Apple does allow employees to post on the Internet, but forbids employees from mentioning the company's name or their employment at Apple.
Apple has in the past faced numerous legal complaints from employees over alleged unfair dismissals and discrimination. For instance, earlier this year, a former employee at an Apple Store in St. Louis, Mo., accused Apple of race and gender discrimination. Late last year, the company also received complaints of age discrimination and alleged unfair treatment of an employee with a medical condition.
According to Apple's most recent 10-K filing with the U.S. Securities Exchange Commission, 36,000 of its 60,400 full-time employees work at its retail stores. As of the end of the September quarter, the iPhone maker had a total of 357 stores worldwide.
News of the tribunal's decision comes as Apple's retail business appears to have been left without a leader. Former Apple senior vice president of retail Ron Johnson left the company on Nov. 1 to be come the new CEO at retailer J.C. Penney. Apple quickly removed his name and picture from its list of executive profiles without adding a replacement.
Johnson had played a pivotal role in setting up the Apple Store model. Late Apple co-founder Steve Jobs hired him away from Target in 2000 to help launch the company's retail division.
The company said earlier this year that it was "actively recruiting" for Johnson's successor. Apple even reportedly turned to an executive headhunting firm to take its search overseas.
32 Comments
The employee, named Crisp, lodged a complaint with the tribunal after he was fired for gross misconduct when negative posts to a private Facebook page were passed along to the Apple Store manager by a coworker. Though Crisp had argued that the dismissal was unfair because the messages were private, the tribunal decided that the communication was not protected because friends could have easily copied and shared it.
"Crisp" lost the "it's private" argument fast because of how his manager found out. Worked just like the Tribunal described.
Heck, forwarding of anything you email or post on the Internet can get passed around *fast*. Even when posting under my alias, I'm still careful.
Wow. No wonder we get so much positive feedback from employees at Apple stores... who would dare say something negative!
Sounds like the system actually worked right for a change. Making derogatory public statements about your employer is stupid. (and, yes, a "private" Facebook page that your friends can see is public).
Wow. No wonder we get so much positive feedback from employees at Apple stores... who would dare say something negative!
Wow. A disgruntled employee is in a condition of doubt and needs to decide which side of the fence he or she is to be on. Can't have it both ways.
Employees of any company are team members and don't deserve the position or pay if they're "rowing in the opposite direction" from the rest of the team.
Wow. No wonder we get so much positive feedback from employees at Apple stores... who would dare say something negative!
Don't be so cynical.
These social media policies are pretty standard. I work for a Fortune 500 company and we're bound by the same kind of rules. Strictly speaking, we're not allowed to comment (positively or negatively) about The Company's products or services if we identify ourselves as affiliated with The Company, except when we are acting in our job function to (for example, Media Relations or a salesperson).