Employee posts at a concert while on sick leave – what to do?

Time and time again, “smarty pants” are caught calling in sick and then posting photos of themselves on social media during leisure activities such as going to a concert.

The following applies to employers in such cases:

• A post on social media alone does not constitute a breach of contract. Social media channels are not reliable sources for a breach of contract.
• The employee must be invited to comment and have the opportunity to explain themselves.
• The reason for the sick leave is relevant for further action: If it is the flu, attending a concert is critical, but not if it is a broken leg.
• A single absence is to be assessed differently to an absence lasting several days.
• The employee’s privacy and personal rights must always be respected.

Conclusion: The employer cannot initiate sanctions under labour law solely on the basis of a social media post from the employee’s private life. The employer must carefully examine the facts and clarify whether there has been a serious breach of contract. Only then are consequences possible.