Union blog’s sexist comments about manager constitutionally protected, not discriminatory, says court

September 25, 2016 - by: Nicole Singh 0 COMMENTS

by Nicole Singh

Canadian tribunals have consistently ruled that communications by employees on social media can be viewed as an extension of the workplace. Improper communication on such platforms can therefore be considered a form of workplace discrimination under Canadian human rights laws. Discipline or termination can sometimes be appropriate.

However, in the decision Taylor-Baptiste v. Ontario Public Service Employees Union, a union official’s sexist and offensive blog posts about his manager were found to not constitute discrimination under Ontario’s Human Rights Code. Instead, the comments in the blog posts were protected by his constitutional free speech and associational rights under the Canadian Charter of Rights and Freedoms.

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Turning the tables: An arbitrator focuses on an employer’s use of social media

August 21, 2016 - by: Megan Rolland 0 COMMENTS

by Megan Rolland

In Canada, a recent Ontario arbitration decision serves as a cautionary tale for employers who use social media to interact with customers and clients. read more…

Facebook postings fair game for employers

June 16, 2013 - by: Frederic Parisien 0 COMMENTS

By Frederic Parisien

Can Canadian employers use information from their employees’ Facebook pages in managing the employment relationship? Not an age-old question, but one debated in recent years.

In many provinces, the answer was “yes.” But in other provinces, such as Quebec, some commentators took a more cautious approach. In a recent decision, the appeal division of Quebec’s Workers’ Compensation Board (the Commission des lésions professionnelles) said “yes,” Canadian employers may use information learned from their employees’ Facebook account if there is nothing to suggest that the account’s contents were accessed using fraudulent schemes, subterfuges, or other underhanded means. read more…

Employee who talks about settlement gets less

December 02, 2012 - by: Brian Smeenk 1 COMMENTS

By Brian P. Smeenk

It’s common practice across Canada, when settling a discrimination or wrongful termination claim, to agree that the deal will remain confidential. What can an employer do if employees fail to honor that agreement? What if they blab about the settlement to their coworkers? read more…