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Arbitrator upholds just cause termination in part on negative Facebook post

Social media has become entrenched in our society and millions of employees use it on a daily basis. However, employees are warned that making negative comments about their employers on social media can have significant repercussions. Arbitrator Norm Jesin recently upheld a just cause termination, in part, because the Grievor had made negative comments about the employer on Facebook after his employment had been terminated.

 

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Arbitrator rules profanity during telephone call with manager insufficient to constitute ‘just cause’ for dismissal

Vice-Chair Ian Anderson of the Ontario Labour Relations Board recently ruled in Canadian Union of Skilled Workers v. Hydro One Inc., 2014 CanLII 15069, a construction industry grievance that the employee’s use of profanity during a telephone call with his manager did not constitute conduct sufficient to justify a dismissal for cause.

 

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Employee who lied about ability to work justly fired

An Ontario labour arbitrator upheld an employee’s termination for just cause after the employer learned that the employee faked the severity of her injury and ability to perform work for over five years. The arbitrator found that the employer was justified in terminating the employee for just cause because the actions of the employee went to the heart of the employment relationship.

 

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