On January 26, 2018, the Office of the Privacy Commissioner of Canada issued a new position on the protection of online reputation. In doing so the OPC recognized a right to have personal information de-indexed from search engine results if it is inaccurate, incomplete or out-of-date. Although the position is in draft, is nonetheless of…
Tag: Social Media
Dolores Barbini Mentioned in Canadian Lawyer on Social Media Monitoring
Hicks Morley’s Dolores Barbini is quoted in the December 19, 2016 Canadian Lawyer article titled “Social Media Monitoring.” The article describes the recent arbitration case, Amalgamated Transit Union, Local 113 v. Toronto Transit Commission (Use of Social Media Grievance)
Reaching Out – Twelfth Edition
Even though the weather has been spring-like, we are pleased to provide our Fall 2016 edition of Reaching Out…
Stephanie Jeronimo and Julia Nanos Publish an Article in the Winter Edition of OMHRA’s Newsletter ECHO
Hicks Morley’s Stephanie Jeronimo and Julia Nanos co-authored an article in the winter edition of ECHO, a newsletter published by the Ontario Municipal Human Resources Association. In the article, entitled “Off-Duty Social Media Posts by Employees can be Cause for Discipline – Including Discharge” three recent arbitrations are examined, where the grievors had been discharged for off-duty posts…
Arbitrators Address Off-Duty Social Media Comments
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
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
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…
School Board Client Update
The following represents a few notable decisions made by the Ontario Labour Relations Board, the Human Rights Tribunal of Ontario and arbitrators in 2013 that are relevant to school boards in Ontario. FACEBOOK POSTING BY TEACHER WARRANTS DISCIPLINE In Ontario Secondary School Teachers’ Federation and Simcoe County District School Board, 2013 CanLII 62014 (CanLII), the…
Hicks Morley Information and Privacy Post – 2013
Dear Friends: It’s early October 2013, and here’s what’s on our minds. With great pleasure, we’ve released this year’s Information and Privacy Post – a review of 60 information management and privacy cases that caught our attention in the last year. We like the exercise of producing the Post because pulling together and organizing recent…
Raising the Bar – Fifth Edition
“Learn from yesterday, live for today, hope for tomorrow.” Albert Einstein Dear Friends, We’re very pleased to bring you the first 2013 edition of Raising the Bar, as our publication hits its second year. In this issue, we shine a light on the law of fiduciary duties. We discuss…