Tag archives: social media

Time to update your employee handbook

For many employers, the arduous task of reviewing and revising an employee handbook may occur as infrequently as every leap year, or worse, only after a law suit has been filed. However, recent decisions by the National Labor Relations Board (Board) should cause employers to take a much closer look at their employee policies and … Continue reading

Recent Ontario decision confirms that social media spaces are part of the workplace

The Amalgamated Transit Union, Local 113 v. Toronto Transit Commission (Use of Social Media Grievance), [2016] O.L.A.A. No. 267 decision deals with the use of social media in the workplace, and to what extent employers are required to manage their accounts in a way that protects their employees. The employer created a Twitter account for … Continue reading

Not all Messages Constitute #Justcause

In a time where social media is everywhere and a business’s reputation means everything, employers continue to try and understand how certain posts on social media can justify an employee’s termination in the appropriate circumstances. In  MacKinnon v Helpline Inc., the Court ruled that an employee’s private, non-confidential, off-duty communications via Facebook and MSN e-mail … Continue reading

Monitoring an Employee’s use of the internet

The European Court of Human Rights (ECHR) has held that an employee’s right to respect for private life and correspondence is not breached where an employer monitors the employee’s personal communications at work, subject to reasonableness and proportionality. Whilst this has caused a large amount of media interest in the UK, employers should be aware … Continue reading

Termination for Facebook post upheld by arbitrator – Despite absence of social media policy

The recent decision of United Steelworkers of America, Local 9548 v Tenaris Algoma Tubes Inc, 2014 CanLII 26445 (ON LA) provides an example of how a unionized employee’s off-duty social media behavior can justify dismissal, despite the absence of any reference to social media in the company’s harassment policies. The grievor was a crane operator … Continue reading

Social media creates a new terrain for employment related misconduct

This article was written by Amelia Berman, an associate at Norton Rose Fulbright South Africa It is very common in this day and age for employers to have regard to prospective employees’ Facebook pages and Twitter accounts before employing them or for employers to inspect these social media platforms to verify the veracity of sick leave … Continue reading

Employees’ rights and obligations relating to the use of social media in Germany

In Germany 80% of all internet users are registered in social networks and 70% of all internet users actively make use of social networks. This development is also increasingly having an impact on the world of employment. Social media and recruitment In general, German data protection legislation allows the employer to collect and use an … Continue reading

Picketing in the age of Google

This article was written by Douglas de Jager, a candidate attorney at Norton Rose Fulbright South Africa The right of striking workers to picket is an important tool in the collective bargaining process.  A picket traditionally involves the gathering of striking workers in a public place to demonstrate against their employer or to create awareness … Continue reading

Dismissal for Facebook post upheld by Arbitrator

In Canada Post Corp. and C.U.P.W. (730-07-01912) (2012), the grievor, a postal clerk with 31 years of service, was discharged after management became aware of her inappropriate postings on her Facebook account. The postings were made over a one-month period and contained a number of derogatory, mocking statements about her workplace and supervisors. The employer argued … Continue reading

Monitoring social media pays off

WhatsApp messages in which an employee expresses his opinion about a superior in an offensive manner can be sufficient reason for the employee’s instant dismissal. For employers, therefore, monitoring social media use by their employees pays off, and the importance of a good social media policy is ever increasing. In a recent case, a colleague … Continue reading

Facebook, Twitter, MySpace, YouTube and personal email accounts….how far can an employer go when it comes to using their contents as evidence against an employee?

With the proliferation of social media, employers are more and more tempted to resort to their employees’ personal accounts so as to obtain valuable evidence whenever a dispute arises. For example, whether it be to provide proof of an employee’s state of mind, of activities that are incompatible with an employment injury or of fraudulent … Continue reading
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