Facebook venting employee reinstated

An arbitrator found that Value Logistics should not have fired a manager for ‘venting’ on Facebook after she was retrenched.

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Durban - A large national logistics company should not have fired a Durban manager for “venting” on Facebook after she heard she faced possible retrenchment– but instead should have given her counselling.

A long-serving customer relations manager at Value Logistics, Lynn Robertson, was reinstated by an arbitrator who ruled that she was obviously highly traumatised, and her posting was “an expression of hurt” .

“Retrenchment is a traumatic event in the working life of any individual … it is not uncommon for workers to suffer from depression and in some instances feel suicidal,” said Leon Pillay, a commissioner for the National Bargaining Council for the Road Freight Industry who arbitrated in the recent matter between Robertson and Value Logistics.

“Support from friends and family is most needed and her posting on Facebook was an attempt to receive that,” he said.

“While it is understandable that the company would want to avoid panic amongst other employees by requesting confidentiality, it seems unfair that during such a traumatic time, she should be prevented from discussing the matter with friends or others who could offer support.”

Robertson, who is suffering from cancer, had worked for the company since 1994 and was dismissed at the end of April this year at a time when she was being consulted by human resources manager Ruth Sibisi about possible retrenchment “for operational reasons”.

“She was surprised and upset at the prospect,” Pillay said in his written ruling. She disclosed to the HR manager that she had cancer, her husband was a pensioner, she was concerned about medical aid, and she was concerned about her future because she only had five years to go until retirement.”

A few days later, while on Facebook with friends who were former employees of the same company, she posted: “Amazing ladies, I have been retrenched by Jill Whittle and Ci. 20 yeRs and now good bye, no prior notification (sic).”

At a disciplinary hearing the company accused her of gross misconduct, alleging she had defamed the senior employee, provided untrue or misleading information, had caused disruptions in the workplace and brought the company’s name into disrepute in a public forum.

Whittle denied being involved in the retrenchment process and refused to accept Robertson’s apology.

Robertson was found guilty and dismissed.

In evidence before Pillay, Sibisi said Robertson must have known that while a retrenchment process was under way, she had not been retrenched.

Pillay said there was much evidence about Robertson’s “negative attitude” but he had disregarded this because it was not the reason for the dismissal.

In her evidence, Robertson said she was not “techno savvy” and she believed that she was sending private messages on Facebook. She only realised it was public when she received messages of support the next day and she immediately removed it.

Pillay said it was important to consider the context in which the comment was made.

“When she first heard of her possible retrenchment she experienced a wave of emotions as she had throat cancer, her husband was already on pension, the prospect of future employment was bleak and, after 20 years’ service, she did not expect it.

“She also believed it was a fait accompli because she was offered the option of leaving immediately … the argument that she had not been retrenched because she had not received a letter of dismissal is a mere technicality.

“The posting was an expression of hurt rather than a broadside attack on the company’s integrity.”

Regarding the alleged defamation against Whittle, Pillay said although it was factually incorrect that she had been involved in the retrenchment process, the post was not defamatory.

He ordered that Robertson be reinstated and back-paid about R190 000.

A representative of the firm representing Value Logistics said on Tuesday that they were not in a position to comment on the award or their client’s intentions relating to it.

The Mercury