It’s one thing to stop workers from criticising their employer publicly. But recent cases in which they’ve been sanctioned for merely expressing views reveal a grave danger.
The recent high-profile examples of pianist Jayson Gillham and journalist Antoinette Lattouf reveal the imbalance between the right of employees to freedom of speech about matters of public interest and the needs of their employers, who have an eye to their perception of their brand.
As a senior member of the legal profession I am aware of cases where young lawyers who have liked or republished a pro-Palestinian post on LinkedIn or other social media have been reminded by their employers of the need to keep their political views separate from their workplace.set out the state of law in Australia on this issue. His conclusions amply demonstrate why the law is simply wrong when it comes to freedom of speech and employment.
So, given what we have seen in the Gillham and Lattouf cases and more generally about the weakness of the position of employees in the political advocacy space, is there a model that would strike a fairer balance?
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