A recent ruling from the Workplace Relations Commission (WRC) highlights the critical importance of adhering to fair procedures when responding to employee conduct on social media. The case, which involved Courtney Carey, an Irish employee of the website company Wix, resulted in a €35,000 compensation award after her dismissal for a political LinkedIn post was deemed procedurally unfair.

While social media policies are vital in today’s digital world, employers must remember that how a dismissal is handled can be just as important as why it happens. This case is a reminder that failing to follow the fair disciplinary procedures for even seemingly justified dismissals may be deemed unlawful under Irish legislation.

Summary of the Case

Courtney Carey worked for Wix’s Dublin-based customer care team. In November 2023, she made a personal post on LinkedIn, describing Israel as a “terrorist state” in relation to the ongoing conflict in Gaza. The post drew attention within her workplace, prompting several of her colleagues to complain to management.

Wix deemed the comment offensive and reputationally damaging, particularly given that they are an Israeli Company. Shortly afterwards, senior management in Tel Aviv informed Ms. Carey that she was being dismissed for gross misconduct, citing a serious breach of Company standards and values. The dismissal was swift and final. She was informed over a phone call and was not offered any opportunity to formally respond to the allegations, nor was she invited to a disciplinary meeting or advised of any right to appeal.

Ms. Carey brought a claim under the Unfair Dismissals Acts to the WRC, arguing that her dismissal was not only disproportionate, but was also carried out without adherence to the fair procedures.

Why the Dismissal Was Deemed Unfair

While the WRC acknowledged that it was reasonable to believe that the comment posted on LinkedIn may have caused upset, particularly among employees given Wix's Israeli ownership, Adjudication Officer Brian Dalton, confirmed that Wix failed entirely to follow the fair procedures, making the dismissal unlawful.

Ms. Carey was never given a formal letter outlining the allegations, nor was she invited to a disciplinary meeting. There was no documented investigation, and she was not provided with an opportunity to defend her actions. Additionally, no internal appeal was offered, which is a basic right under the fair disciplinary procedures.

Therefore, this dismissal fell short of what is required under Irish employment legislation and Ms. Cary was awarded €35,000 for Unfair Dismissal.

Importantly, the WRC noted that had Wix conducted a fair disciplinary procedure, the outcome may have been very different.

Key Takeaways for Employers

1. Fair Procedure Is Mandatory

Even when a social media post seems clearly inappropriate or damaging, employers must remember the importance of following the fair procedures. At a minimum, this means:

• Informing the employee in writing of the allegations;
• Giving them a fair opportunity to respond;
• Conducting a reasonable investigation;
• Providing notice to any hearing;
• Allowing for representation;
• Providing a right to appeal the outcome.

Skipping any of these steps opens the door to a successful unfair dismissal claim, even if the misconduct is proven.

2. Social Media Policies Must Be Clear and Enforced

Having a well-written social media policy is essential. The policy should clearly state what types of content or online conduct may be deemed unacceptable and should outline the disciplinary consequences. It should also clarify the extent to which employees’ online posts, even on personal accounts, can be linked to the company’s image or values.

3. Document Everything

Keep clear records of all steps taken during an investigation and disciplinary process. In the event of a WRC claim, these documents form the basis of your defence.

Final Thoughts

The Carey v Wix case shows that employee dismissals related to social media are rarely clear-cut. While reputational damage is a legitimate concern, the law requires that employees are treated fairly and given a genuine opportunity to respond before a decision to dismiss is made.

Employers should take this opportunity to review their social media and disciplinary policies, provide management with training on fair procedures, and seek advice before making dismissal decisions.

If your business needs help updating its policies or ensuring your disciplinary procedures are compliant, our team at ESA are here to support you with tailored, practical guidance that protects both your organisation and your people. Contact us today on (01) 877 4608.