Facebook slur costs ex-worker $2500

Employment law specialist Claire English from Chen Palmer law firm said Facebook was considered a public forum and people needed to be careful of what was posted. Photo / Thinkstock

Employees are being warned not to air dirty laundry about their bosses on social media - even after leaving a job - after a former oil company employee was ordered to pay more than $2500 for making disparaging remarks on Facebook.

The case before the Employment Relations Authority has prompted a call for caution from a top Wellington employment law specialist.

The authority heard that in May last year Kristel McLeod received a "substantial" settlement during an employment dispute with Kea Petroleum Holdings Ltd.

In return, she signed an agreement that she would never speak disparagingly of the company or its officers, the authority said.

Kea is an oil and gas exploration company, which has offices in New Plymouth, Wellington and London.

In March, Ms McLeod posted a roughly 500-word article about Kea on the company's Facebook page - available for anyone to access, read and comment on, the authority said.

In it, she said the company's managing director Richard Parkes had made "false statements".

The company's finance director Peter Wright told the authority the article remained on the webpage for about three months and was published on an international bulletin board before it was removed.

A second post by Ms McLeod was placed in April.

Mr Wright said the posts gave cause for the company's shareholders to lose trust in it.

Ms McLeod did not attend the authority's investigation meeting but sent an email that said she had not said anything untruthful on the Facebook page and she had since deleted the articles.

In another email she said she regretted her actions.

Authority member Michele Ryan said even if Ms McLeod did believe the posts to be true, there was no exemption for writing disparaging remarks on those grounds in the settlement she signed.

Ms Ryan ordered Ms McLeod pay a $2000 penalty and to reimburse Kea's costs of $539.06.

Kea declined to comment and Ms McLeod was not immediately available for comment.

Employment law specialist Claire English from Chen Palmer law firm said Facebook was considered a public forum and people needed to be careful of what was posted.

"It's very common for employers and employees to agree to non-disparagement provisions when they've reached a settlement."

The outcome for Ms McLeod would have been the same even if she had put the posts on her personal Facebook page, Ms English said.