In recent years, careless, or let’s say, less than sensible comments on social media have gotten countless employees in trouble with their boss. Employees who have used Facebook as a forum for posting threatening language and vile insults about a supervisor or offensive accusations about the company they work for have quickly been shown the door; and arbitrators and labour boards are often prepared to uphold these dismissals.
HR is being called on to focus primarily on strategic goals and to add increasing value to organizations. The other field that has become an integral part of business is technology. It is therefore not surprising that in HRs effort to become increasingly relevant, IT is being leveraged in the execution of the HR function in an increasing number of ways. This e–HR revolution has taken many forms, from applicant tracking systems, to machine learning in recruitment and selection to software driven onboarding and employee HR support. The consequence of this is that more and more HR activities are being executed electronically—by a computer instead of by a person.
It is well known that employees have certain legal obligations to their employer with respect to the content of their social media profiles. An arbitrator recently confirmed that employers also need to be careful about the content of their social media pages as it relates to their employees.
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.
disciplinary record, Dismissal, employee use of social media, employees on Facebook, employment contracts, employment law, employment policies, facebook, Just cause termination, Local 1 (Cory Tucker) and Specialty Care Trillium Centre, non-disparagement clauses, repercussions of social media, severance agreements, social media, termination
As technology continues to overhaul the workplace and drive change, what remains the same is the emotional uncertainty of termination. Neither the employee, nor the person tasked with conducting the termination, enjoy that awkward meeting.
BYOD, digital assets, digital communications, digital ownership, employment contracts, employment law, handling technology upon termination, off-boarding, social media, technology, termination, Termination process
December 22, 2015 Yosie Saint-Cyr Accessibility Standards, Employee Relations, Employment/Labour Standards, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Privacy and Security, Union Relations
We are very pleased to announce that Lisa Stam, Koldorf Stam LLP will be blogging on First Reference Talks starting in January 2016 on the impact, risks and opportunities of social media and technology issues in the workplace, including issues related to BYOD and the mobile workforce, workplace misconduct, privacy breaches, evidentiary weight of social media information, social media crisis management, cross-jurisdictional and global issues with social media, and general strategy on handling social media in business, among other employment and human rights related topics.
February 3, 2015 Employer Advisor, McCarthy Tétrault LLP Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Privacy and Security, Union Relations, Wages and Compensation
When used properly, social media can be a powerful tool for connecting individuals, marketing businesses and mobilizing the masses behind a cause. However, many organizations have learned the hard way that inappropriate social media use by employees can have a detrimental effect on an organization’s reputation.
arbitrator, detrimental effect on an organization’s reputation, discipline or discharge, employee conduct, employment law, grievor’s behaviour renders the employee unable to perform his duties satisfactorily, Human Rights Policy or Code, inappropriate social media use by employees, reinstatement, serious breach of the Criminal Code, social media, social media policy, Terminated for tweeting, termination
January 15, 2015 Yosie Saint-Cyr Employee Relations, Employment/Labour Standards, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Privacy and Security, Union Relations, Wages and Compensation
Three popular articles this week on HRinfodesk deal with employee termination, duty to accommodate and the consequences of inappropriate tweets.
Since the beginning of time, employees have privately complained about work and made inappropriate comments to friends and family. Today, however, this venting is happening over the Internet. The internet has major reach and many employees, including professors, sports figures, comedians and writers, have already been terminated because of their Facebook and Twitter activity.
collective agreement, employment law, facebook, grievances to arbitration, human rights code, implications of social media comments, just cause for termination, Labour Law, public comments which can harm an employer’s reputation, sexist tweets, social media, social media policy, terminated because of their Facebook and Twitter activity, twitter, venting is happening over the Internet
September 11, 2014 Yosie Saint-Cyr Employee Relations, Health and Safety, HR Policies and Procedures, Human Resources, Payroll, Pensions and Benefits, Privacy and Security, Training and Development, Wages and Compensation
Three of the most popular articles on HRinfodesk this week deal with a worker’s right of action; WSIB mental health stress test; and, employer liability under Canadian Anti-Spam Legislation.
commercial electronic messages, email, employer liability under Canadian Anti-Spam Legislation, employment law, HRinfodesk, social media, traumatic mental stress, worker's right of action, workers compensation, Workplace Safety and Insurance Appeals Tribunal, WSIB benefits, WSIB mental health stress
Even if you’re running a small business, it’s tough to scrape out the cost of training your new hires from your earnings…
abilities, Business, Call Centres, competitors, cross-training, culture of learning, customer discontent, employee turnover, hospitality industry, managerial skills;, Managing skills, productivity, Retail, retention tool, service industry, small business, social media, Train your employees, training cost, Training is an excellent retention tool, training your new hires, work skills
Three popular articles this week on HRinfodesk deal with privacy in the workplace, using social media in recruiting and managing and the enactment of a Bill to make the Human Resources Professionals Association of Ontario a regulatory body.
background check, canadian employment law, employment law, HRinfodesk, HRPA, human resources profession, Human Resources Professionals Association of Ontario, ontario, Privacy in the workplace, privacy law in the workplace, recruiting, recruiting and managing employees, recruitment, reference checking, social media, tort, workplace violation
The three most viewed articles on HRinfodesk this week deal with dismissal without cause in the federally regulated sector; how an employer is allowed to discipline an employee for a discriminatory Facebook posting; and a commentary on when are the baby boomers going to start retiring and free up their jobs for the next generations.
canadian employment law, careers, Disciplinary measures, discrimination, Dismissal, Early retirement, employment law, Facebook posting about a co-worker, HRinfodesk, retirement, social media, Statistics Canada, suspension with or without pay, termination, termination without cause, terminations
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