Fortune Maswanganyi, better known as DJ Cappuccino, was fired by Limpopo-based radio station Capricorn FM. Capricorn FM Station Manager, Shabba Muleya, told Sunday Sun Maswanganyi violated clause 7 of his independent contract that deals with an on-air presenter’s responsibilities in relations to Capricorn FM and announcements made on public platforms such as Twitter and Facebook.
Below are some of Maswanganyi's tweets, using the @cappuccino_DJ Twitter handle:
• Page 12 Sunday Sun, it's true I got fired by @Capricornfm 4 tweeting about other stations, it’s my fault, I dented the brand, please stop inboxing me.
• The truth is I got fired for tweeting RT @magdazzer: @cappuccino_DJ. Is it real that you’re fired or are you joking?
• I got fired at Capricorn FM for my tweets. Just to clarify the article on Sunday Sun Page 12, I am not bitter.
• Just to clear any confusion. @cappuccino_DJ single is #SweetAndTender not Sweet and Sour as stipulated on Sunday Sun page 12.
What do you think of Capricorn FM dismissing Maswanganyi for using his personal Twitter profile to promote his song? Do you think it’s fair to include such clauses in contracts? We ask the experts.
Can you be fired for tweeting and promoting competitors even if it will benefit you personally?
Yes, if you are aware and have such documentation relative to this type of online behaviour/action, bearing in mind that every company would have to follow the correct disciplinary procedure and have substantial and evident grounds for doing so.
Can Twitter (and what you tweet about) be integrated into your employment contract?
Many employers apply the principle. Employers may integrate standard online behaviour expectations into your employment contract and also have a separate company social media policy forming part of their standard employee HR policies and procedures.
Is it advisable to have two Twitter accounts, one personal and the other one business, where you promote yourself or business if you have one?
If you have both a personal and company brand it is advisable to market both brands on different Twitter accounts, unless you specifically and only trade under your name. An online personality automatically becomes its own personal brand, intentionally or unintentionally. The world sees what you say and do online, which characterises your brand. Social media brand behaviour should be transparent, bearing correct social media practices.
How can you identify a conflict of interest between you and the company you work for?
If your company has a clear social media policy which stipulates specific standards, anything that you practice that goes against those standards will create a conflict of interest. Apart from this, employees have a common law duty to act in good faith in their employer's best interests. They should not do anything that may harm the employer's organisation, including posting negative comments on social media, which is construed as a public forum.
What are the don'ts when it comes to Twitter, your work and your company?
Don’t do anything that will bring others and your organisation into disrepute. If you are involved in other businesses apart from your current role at your main employer, ensure that your employer is aware of your other business and that you have written standards that are clearly defined and agreed to of what you may or may not do online while under their employ.
If you have been unfairly dismissed or require more information, contact the CCMA on tel: 0861 16 16 16, email: email@example.com or visit: www.ccma.org.za.