Professor Anthony Gray of the USQ School of Law and Justice has published a new article titled ‘The Lawfulness of the Dismissal/Termination of an Employee Who Has
Expressed “Unwelcome” Religious Views’. The article appears in Volume 47(4) of the Australian Business Law Review. Here is the abstract:"The question of the lawfulness of the termination of an employee in relation to their social media activity has been the subject of intense media interest in recent months. This article considers several legal arguments on point, including the possible question of unlawful termination in the Fair Work legislation, arguments about discrimination, breach of contract and other arguments. It concludes that, as the law presently stands, it would generally be difficult for an employee who has terminated in relation to unwelcome social media activity to successfully bring legal action against their employer, subject to a consideration of the specific terms of the employment agreement and facts of any given case. It considers relevant case law in other jurisdictions, accepting that these occurred within a different legal framework."
