Suspended for creating content

Our company has taken disciplinary action against my colleagues, including suspensions, for sharing content commonly referred to as behind-the-scenes videos online, on the grounds that the shared video violated company policies. I have not seen any restrictions in our employment law, so I was wondering whether the employer was correct to take such disciplinary action. Please guide me.
KB, Dar es Salaam

This is a tricky situation brought about by the recent boom of social media. In Tanzania, the Employment and Labour Relations Act, Cap. 366 [R.E 2019] and the Employment and Labour Relations (Code of Good Practice) Rules, G.N. 42 of 2007 emphasise that disciplinary actions must follow fair procedures and be based on clear policies. Employers are expected to have a code of conduct/policy that outlines acceptable and unacceptable behaviour, including policies on sharing company-related content online; although this is not common, it is now becoming a necessity for employers.

If your employer had a specific policy prohibiting employees from sharing behind-the-scenes videos, then disciplinary action may be justified. However, if such a policy was not clearly communicated or does not exist, then the fairness of the disciplinary action could be questioned. Employees have the right to be heard before disciplinary measures are taken, and procedural mistakes could invalidate the employer’s decision. If your colleagues believe the action was unfair, they may have grounds to appeal or challenge the decision through proper legal channels. You might want to check whether your company followed the Code of Good Practice in handling the matter.

While not all companies may have social media policies, basic requirements such as the duty to confidentiality may be used against employees sharing company information on social media. We emphasise the importance of using good judgment when sharing work-related content, especially on public media.  Your lawyer can guide you further.