A social faux pas: How to use Facebook & remain employed
We have on several occasions warned of the minefield that is social networking. In a technologically obsessed world much of what we do on a daily basis revolves around technology. We email, Google, bank, order food, make reservations, buy tickets, book travel, shop and, heaven forbid, self-diagnose. It only makes sense then that we’re able to have an ‘online presence’ through social networking sites like Facebook and Twitter. Through these sites we can stay connected with our friends and family and keep them appraised of every minute facet of our lives. Who wouldn’t want to know that at 2:55pm on Monday, 5 December 2011 “Jane Doe
needs more lemon pledge”?
As exciting as all that they may be, there are of course people who land themselves in the proverbial by posting things on Facebook and Twitter that, well, they really shouldn’t – and we’re not talking about status updates on lemon pledge. In one recent case an employee of Apple, Mr Crisp, posted a few unfortunate things on his Facebook page about his employer’s products. He had a go at his “Jesus Phone” (read: iPhone) and its dysfunctional apps. In respect of one app, he wrote: “F***ed up my time zone for the third time in a week and woke me up at 3am? JOY!” He also poked fun at Apple’s tagline when it offered Beatles songs on iTunes, writing: “Tomorrow is another day. That you’ll never forget. Tomorrow is just another day that hopefully I will forget”. He had unfortunately befriended a colleague on Facebook who saw the posts (as all your Facebook ‘friends’ will do) and who reported it to the boss. The boss was most unimpressed and Mr Crisp was dismissed from his position as a specialist. Given that image is central to Apple’s success, his dismissal was upheld as being harsh but justified by the Employment Tribunal in the UK. Apple also has very clear workplace policies that ban critical remarks about the brand and Mr Crisp had breached these.
That case was still relatively mild. In another (UK) case involving a Metropolitan police officer, the employee posted “deeply offensive messages” about a colleague on Facebook, referring to the other officer as a “grass” and “a liar”, using deeply offensive language. The matter eventually went to the Independent Police Complaints
Commissioner, who made the comment: “When I read what shocking things this police officer had written on Facebook about his colleague and the appalling way he had behaved, I felt completely dismayed. He worked in a job that demanded trust and respect and yet acted in a way that resembled a nasty schoolyard bully.” The officer was dismissed from his employment.
In another case, a police inspector (again in the UK) had his promotion to chief inspector withdrawn because of a disciplinary warning relating to his Facebook activity. The police inspector posted details of his gay lifestyle on Facebook, including photos in which he posed in his police uniform (to be clear, they were not work-related photos). The workplace had strict policies pertaining to actions of employees that could bring the force into disrepute and, as such, felt disciplinary action was warranted.
Then there is the (US) case of the teacher in Charlotte. In her information section on her Facebook page, under ‘occupation’ she wrote: “Teaching chitlins in the ghetto of Charlotte.” In the ‘About me’ section, she wrote: “I am teaching in the most ghetto school of Charlotte”. When the school became aware of this, it investigated and also found other “suggestive” exchanges between teachers and some rather compromising photos. Given the position teachers hold in society, the school found that the teacher’s Facebook activity brought it into disrepute and breached the trust and confidence it had in her. She was subsequently dismissed.
The moral of the story, needless to say, is to think before you post. As a rule of thumb, never, ever, ever post disparaging remarks about your employer or workplace on Facebook or Twitter. Even if you think you’re being careful, it’s just not worth it. And remember, making offensive comments about your colleagues online is no different to doing it to their face – if you get caught, the consequences will be the same, perhaps even worse depending on how wide your audience is. And therein lies the danger – you may have all the confidence in the world that your privacy settings are watertight, but once you post something out in the great world wide web of lies and deceit, you never know what will come back to bite you one day. Cyberspace never forgets, people – Google your own name and see for yourself.
Download a copy of To the point Nov 2011
News & Updates
PSA & DHBs terms of settlement
Negotiations between the PSA and the 20 DHBs for 16 collective agreements have recently concluded, the outcome of which has been recorded in a Terms of Settlement document. The settlement covers (16) agreements whether they have or are immediately about to expire, or not.
In effect, the settlement precludes separate bargaining for a wide range of employees, who will all be bound until expiry of these new respective documents, many of which will not expire until 2014.
The appropriateness of this somewhat “hands off” process is not for us to comment on, other than to say it is not something APEX could normally undertake, given each of our divisions has independent autonomy over determining terms and conditions for members. However the PSA settlement does highlight a valid question that both APEX members and non-APEX should be asking themselves: what is the value in being a member of an organisation that simply picks up the terms and conditions achieved by another organisation? Let us explain.
The settlement has a one-off lump sum based on 2% base salary, pro-rated for part-timers (but no less than $750) as well as a 2.5% increase on salaries from the later of 1 October 2012 or 12 months after the expiry of the employee’s current agreement, effectively a 12 month wage freeze.
The settlement records that should any other union settle for more, the DHBs must discuss it with the PSA! As we recently recoded, PSA MRTs at Counties Manukau DHB were afforded a better settlement than others in the PSA, in order to bring some of their terms up to those of APEX MRTs. In a similar but perhaps more blatant example, this settlement has provided that Auckland physicists who are members of the PSA (but only Auckland PSA members) will be offered IEAs based on the terms of the APEX Medical Physicists MECA with effect from 1 October 2011, begging the question; why pay fees to an organisation to simply pick up the benefits earned by another organisation?! If one is going to financially support an organisation to do work on one’s behalf, should it not be to the organisation that actually does the work?
APEX is experiencing an upsurge in requests for membership from health sector employees seeking a different approach to that taken by the PSA. In all cases the failure to engage with them over their specific concerns and matters impacting on their workplace and profession, have been a common driver.
ASMS (SMOs’ union) Settles with DHB
On a separate note, ASMS have settled their MECA for a term from 20 December
2011 to 28 February 2013 (14 months) with, for the majority of members, an increase on salaries between 3.0% and 3.3%.
Delegates’ Training is tentatively scheduled for May 1, 2 & 3
If you are thinking about becoming a delegate, now would be a good time to raise your interest with colleagues and the office!! There is a specific session for new delegates (and old ones who want a refresher) on what a brand new delegate needs to know: the tools of the trade, your rights and where to get help.
For current delegates, mark the dates in your diary, more information to follow in the early New Year. On the timetable so far for the two and a half day session we have:
The world that is health? What is in store for us in 2012 and beyond; what workforce changes are desired of us, dreamed of for us or planned inspite of us?
• How to manage the poorly performing employer.
• Clinical Governance is just for doctors, or is it? What does clinical governance mean for health practitioners?
• What are our rights if we are being merged, contracted, restructured or things simply “change”?
• An update on legislative changes as they may affect us.
• And the ever popular “ask us (almost any) questions”
Dietitians & Social Workers
We welcome members to the newest divisions of APEX! They will be initiating bargaining for their new collective agreements early in the New Year.
IT:
Our West Coast colleagues have been left with no alternative but to resume strike action on 12 December in an attempt to get the employer to return to the bargaining table.
Physiologists:
The employer tabled another offer on 21 November, just days before our application for facilitation was to be heard! Whilst finally offering to extend the 9hour break clause to everyone (as a standard Health and Safety clause we suggest this should have been a given!), the wording of the offer still fails to adequately address movement on the “merit” portion of the salary scale; the physiologists key claim. Dates are set in December to have one last attempt at mediation prior to facilitation, with a hearing date for that having been re set for the early New Year.
MRTs:
Continue with interest based bargaining with good progress being made and close to an offer being ready to send to the members.
Sonographers:
South of the Bombay’s continue bargaining for their Sonographers only MECA on 20 December. Meanwhile sonographers in Northland have initiated to commence bargaining for their own SECA.
Pharmacists:
In Southern are almost at settlement for their SECA and in Northland we are about to kick off.
Physiotherapists:
In Northland are still in bargaining with a couple of issues to resolve.
Perfusionists:
In Auckland continue to battle on for their first collective with further dates scheduled for next week.
CNS Hours
The staff at CNS wish all members a happy, relaxing and safe holiday season, and for those working, a quiet one. The office will have skeleton staffing for three weeks over Christmas and New Year to deal with any “emergencies” so emailing anything non urgent is the best plan. We formally close the office Wednesday 21 December at 3.00pm following which:
• Thursday and Friday December 22 and 23 – Skeleton staffing only.
• Monday and Tuesday December 26 and 27 – Office will be closed.
• Wednesday, Thursday and FridayDecember 28, 29 and 30 – Skeleton staffing only.
• Monday and Tuesday January 2 and 3 – Office will be closed.
• Wednesday, Thursday and Friday January 4, 5 and 6 – Skeleton staffing only.
• The entire week of January 9 – 13 inclusive – Skeleton staffing only.
Delegates’ Column: Christine Thompson
Hi, I’m Christine Thompson, I’m a Physicist based in Auckland & currently President of the Physicists Division of APEX. “What do you do as a job”, people ask. I have a variety of answers to contemplate: “I’m involved with zapping people with photon beams”; “A physicist working in radiotherapy”. “You take X –rays then?” “Err… No, that’s MRT’s, I work behind the scenes of cancer treatment”. “Isn’t that depressing” comes the reply? “No, Physicists spend a lot of time implementing new treatment techniques which equate to better cure rates for cancer. That’s motivating, not depressing.”
If most health professionals make a mistake it normally only affects one patient. We commission treatment machines, so if we make a mistake all the patients treated on that machine can be mistreated for the next few years. It has happened, in the world and recently, but thankfully not in NZ. Essentially those of us working in radiation therapy make sure patients receive the correct dose of radiation. Those Physicists work in diagnostic radiology ensuring quality procedures in their respective fields of work.
Nationally most Physicists joined APEX around 8 years ago & together improved the pay & status of Physicists. Thank you. Auckland jumped on the bandwagon in 2009 at a time when we were paid substantially less than APEX Physicist’s elsewhere in NZ, with resulting poor staffing & morale. We are a small profession, around 70 members nationally hence the public lack of knowledge of us. So what should I tell people I do? Well, my daughter tells her friends her mum is a ”Radioactive Physicist!”





