Tag archives: Facebook

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 who took issue with a female co-worker’s job performance as a stocker. Following his shift, the grievor posted comments on his Facebook page about the stocker referencing one of her distinctive physical features. A third co-worker commented on the post and suggested performing a … 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 days taken by employees.  In addition, more and more employees are facing disciplinary action for excessive time spent on social media sites during working hours or for controversial opinions expressed on such sites.

Investigations conducted by employers into prospective employees’ lives by means of … Continue Reading

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

The impact of the use of social media in the workplace has regularly given rise to controversies and debates as how this subject is to be handled by a company’s management. The current state of employment law is still not entirely settled in this respect. It is however possible to provide some guidance on the most common issues arising from such use with regard to employment law (data protection regulations will not be considered in this article).

Access and control of social media in the workplace

As a general rule, employees are allowed to access the internet for non-professional … Continue Reading

Employees’ rights and obligations regarding the use of social media in Australia

The use of social media in Australia continues to grow on a daily basis. There are now over 13.4 million daily users of Facebook, 3.9 million active users of LinkedIn and over 2.7 million monthly users of Twitter (Source: Social Media Statistics Australia). There is a good chance that one, if not all of your employees under 30, are using social media on a daily basis.

So how does an employer regulate the use of social media by employees?

A social media policy is important in providing employees with guidance as to how they are to use social media … Continue Reading

Threatening Facebook Post Provides Grounds for Dismissal

In the recent decision of CEP, Local 64 v Corner Brook Pulp and Paper Limited, 2013 CanLII 87573, a Newfoundland arbitrator found that comments posted on an employee’s Facebook page constituted sufficient grounds for dismissal.

The Grievor was a Tallyman in the employer’s (Corner Brook) shipping department. She had 13 years of service with her only discipline being a one-day suspension for insubordination about 18 months prior to her dismissal. Following an incident in the workplace where the Grievor had failed to follow her supervisor’s safety instructions, she posted a message on Facebook. In the posting she complained … 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 that the postings were grossly insubordinate, had the potential to damage the reputation of the employer, and had greatly harmed the supervisors. The employee was terminated and the discharge was grieved.

In the grievance, the union accepted that the postings were regrettable but argued … Continue Reading

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