Burger King seems to be taking advantage of a confusing & unknown employment relations issue...

posted 6 Feb 2011, 14:25 by Jess Maher

What can be drawn from that for Employers, Collectives, Employees & all Kiwis      


Online behaviours are in general covered by the same laws that relate to behaviour offline - so things like publication of information, entering into contracts or harassment are held to the same standards as if equivalent actions had been taken offline, even though many processes are far easier online, and can be done between many people at the same time. So for instance pressing "accept" on the terms and conditions of a website is legally equivalent to signing a contract with the company owning the website, even though none of the formalities are present that would normally alert someone to the serious nature of entering a contract.


A large proportion of the information people generate online automatically becomes the property of the hosting company, under the terms and conditions they accepted when they signed up to the site. So every user has agreed to terms which amount to a contractual agreement to hand over copyright of all of this content to Facebook automatically upon uploading it, with no remuneration required from Facebook other than the provision of the social networking service they offer.


New Zealand case law has not dealt with issues involving Facebook posts on many occasions, but overseas jurisdictions such as some US states, have held that even posts on “private” areas of Facebook or MySpace can be considered public, because even though they are made to a limited audience, they may remain viewable for long after they are posted and could at any time be copied by anyone who can access as such.  


 “Whatever you post will be viewed by the entire world“ (http://www.facebookbusinesshub.com/facebook-privacy/) any posts realistically instantly become publically available, even if this is not limited to the group originally invited to view or what they user has mistaken for a “private audience”. This means that there is no reasonable expectation of privacy for Facebook post messages potentially upheld even when made in a private group, and therefore such posts are as public as a blog pos