Tag: Off-Duty Conduct

Arbitrators Address Off-Duty Social Media Comments

· 9 min read

Two recent City of Toronto arbitrations have addressed the issue of discipline for off-duty social media comments. On November 12, 2014, Arbitrator Elaine Newman found that the social media comments of an off-duty Toronto firefighter, which disparaged women, the disabled and visible minorities (among others), constituted serious misconduct and damaged the reputation of the Toronto…

Discharge for Posting Disparaging Comments about Co-Worker on Facebook Upheld by Arbitrator

· 1 min read

An arbitrator recently upheld the dismissal of a three and one-half year employee who had posted humiliating and threatening comments about a co-worker on Facebook. Among other things, she found that the grievor’s actions, while done off-duty, created a poisoned work environment. In so finding, the arbitrator considered the employer’s workplace violence and harassment policy….

Arbitrator Upholds Dismissal of Grievor for Posting Vicious Comments about Co-Worker on Facebook

· 4 min read

In a recent labour arbitration award, Arbitrator Laura Trachuk upheld the dismissal of a three and one-half year employee for posting vicious, humiliating and threatening comments about a co-worker on Facebook. While the Arbitrator left many specifics out of her decision in order to protect the identities of those involved, this decision serves as an…

How the New Privacy Tort Will Affect Employers

· 8 min read

On January 18th, 2012, the Court of Appeal for Ontario in Jones v. Tsige recognized a new “intrusion upon seclusion” civil cause of action. In this FTR Now, we describe the new cause of action (or “tort”) and identify its significance to employers. THE INTRUSION UPON SECLUSION TORT Under Ontario law it is now clear…

Ted Kovacs Quoted in Canadian Lawyer Magazine

Hicks Morley’s Ted Kovacs was quoted in the February 2011 edition of Canadian Lawyer Magazine, in the Legal Report: Labour & Employment section. The article, “Facebook is the new water cooler”, discusses the emerging caselaw dealing with the off-duty comment of employees in the context of social media: Is it free and fair speech? or…