Blogger Alert!
Here is an interesting article from the
Scotsman.'Harmless' blogging could end in tears- ANDREW COLLIER .
WE’VE all done it. We’ve had a bad day at work, or the project we’re engaged in isn’t working out. So what do we do? We go home and moan to our partners over dinner, or slag off our bosses to our mates in the pub.
To complain that we’re undervalued in the workplace is the most natural thing in the world. The problem comes not when we quietly whinge to those who are close to us, but when we decide to tell the whole world about our grievance.
In the past, this would have been impossible. Workplace tensions generally aren’t even of interest to most people’s local papers, let along the global media. But with the advent of the internet, someone can post his or her disaffection for all the planet to see.
That is exactly what is starting to happen. One of the fastest growing phenomena on the web at present is the use of blogs - online journals in which ordinary people detail their thoughts, desires, observations, likes and dislikes.
In general, these are harmless, and only of interest to that person’s family and close friends. But there have now been several instances - including a high profile case in Edinburgh - where bloggers have posted unflattering material about their employers and found themselves fired as a result.
Blogging does create a quandary for employers. Derogatory remarks posted by employees may be untrue and the result of high spirits, a misunderstanding, or just plain spite. Or they may, of course, be correct, revealing to the world information the company would rather no-one knew about.
But straightforward disciplining of the employee may be difficult. He or she will almost certainly have posted the remarks from a home computer, and so away from the office, and in his or her own time. And where do you draw the line? If, say, a doctor criticises the general policy of the NHS, is that grounds for disciplinary action?
"In general, employers don’t have a valid reason to sack people for things done outside the workplace," says David Walker, a partner in the employment unit of the Scottish legal firm Dundas & Wilson. "But if someone is going to mouth off about their employers or their clients in a derogatory manner, then that is quite a different matter."
Walker says blogging is very different to the kind of after-work blues which entice people to complain at the bar of the local pub. "A web site is different to a closed private discussion," he explains. "In theory, with blogging, anyone in the world can listen in."
As blogging becomes ever more popular, so organisations have to put policies in place to deal with it. "Big companies in particular are very conscious of the power of the brand and the importance of preserving that," he adds. "They do not want to see anything tarnish it.
"Of course, a lot of people who use blogs won’t make a direct reference to their employer by name, but there is still a danger that they could say things which would mean the company could be identified."
If an individual has said something which was untrue and which damaged an employer or an employer’s reputation, then he or she could theoretically be guilty of libel. This is a civil matter, but the employer could theoretically sue for defamation and claim damages.
Many organisations would not go this far, as actions for defamation are notoriously expensive, complex and unpredictable and would simply generate more negative publicity.
They could, though take stern action against the member of staff involved. David Walker warns that they should not go too far: "Yes, if the incident is sufficiently serious, then it could result in that person being dismissed.
"But the company or organisation involved would have to show a clear connection between that individual and the employer and prove that the remarks made were likely to do serious damage. In many cases, the action will not justify dismissal, but disciplinary action short of that."
Many employment lawyers are now suggesting that employers introduce rules to combat unwanted blogging attacks by their own staff. The existence of a clear policy will at least mean that if employees choose to give their bosses a kicking on the web, then they are fully aware of the potential consequences.
"A company could make it a specific offence under its disciplinary code," says Walker. "If you warn people not to do it in the first place, then it increases the justification for dismissing them, although the attack would still have to be pretty serious."
He also suggests that employers write a clause into termination agreements stopping employees from launching blogging assaults after they have left the company. "That’s important, as it can be a time when feelings are running high and people may decide to launch an attack on the basis of emotion."
There are all sorts of dangers about posting comments about a company on the web. One is that people surfing to the blogger’s site might misunderstand it and believe that it is more important and influential than it is. They may also think that the employer in some way condones the blogger’s behaviour.
Walker says that if you are a blogger and want to take a pop at your employers, then it’s vital to make sure there is no way the firm can be identified. "If you do mention them in any way, then it would be sensible to also post a disclaimer."
Bloggers who do find themselves the subject of disciplinary action may be able to respond by claiming that they were merely exercising their human rights in terms of freedom of expression. Because no cases have come before the courts yet, no-one really knows just how well that argument will stand up. In general, judges are not keen to see the Human Rights Act used to defend breaches of confidentiality.
Nor can whistleblowers use blogging sites to disclose facts they think are in the public interest. The government has set up formal processes for whistleblowing, and anyone who circumvents those is likely to get short shrift.
Walker says everyone who wants to set up a blogging site should be aware of the dangers. "It’s very easy to get carried away on these sites and to say more than you intended. But once it’s posted, it’s there in black and white, and that can have serious consequences."
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JOE'S BLOG ENDS UP IN THE SACKJOE Gordon was a senior bookseller with Waterstones in Edinburgh until he decided to refer to them as "B*****dstones" in his online blog. It was the end of an 11-year career with the company.
The company clearly felt he had overstepped the mark. Gordon, 37, has now found another post at a specialist bookseller in the city, but he claims Waterstones over-reacted.
Gordon was dismissed following a disciplinary hearing, even though it did not have a formal policy on blogging, on the grounds that the comments on the website brought the company into disrepute.
Gordon says his sacking has worrying implications for freedom of speech. "It is ironic that I have written stories on my website for years on subjects such as Iraq, yet I get sacked over writing about my own job.
"Blogging allows you to vent steam about a bad day at work in a healthy way rather than doing it at work," he says.
"There was no direct reference to anyone in the company and it took place outside working hours."
"Surely the best way forward would have been for one of my bosses to have had a quiet word to explain that some of the content might reflect badly on Waterstones, and I would have been happy to stop it."
Well what more can a gadgie say?Keep up the good work and don't let the bastards grind you down!No
Blogger in his right mind would do anything too untoward,would he?Not on mah patch!
WARNING!Today's link has a wee bit o' bad language.Needs volume and a sense of humour.
Big Elly - Jim Moriarty.
My purpose in writing this post is to provide some information regarding the inevitable bird flu virus (H5N1) which I believe will sweep through greater Asia with devastating effects in the near future. Some may consider my opinions to be that of an alarmist and I accept and respect this opinion. However, the facts cannot be denied and to appreciate the gravity of the situation we must examine the history of pandemics.
It is common knowledge that there is a connection between Rosslyn Chapel,the Knights Templar and, Leith and Mary Magdalene.Or is there?What about Nova Scotia?
Yes.It's started already!
Well the day has arrived.No Smoking in Pubs!
BEIJING (Reuters) - "Ninety-five Chinese riot police, including 13 women, left Beijing for Haiti on Sunday, the first Chinese troops to be deployed to the Western Hemisphere.
