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employee conduct

Terminated for tweeting: A tale of two Toronto firefighters

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.


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No proportionality, no cause for termination

Manitoba’s Court of Queen’s Bench recently confirmed that a termination for cause was inappropriate, given that it was not proportional to the employee’s conduct. As a result, the employer had to pay 12 months’ severance as set out in the employment agreement regarding a termination without cause.


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Sleeping on the Job? What do you have to do to get fired in Canada, anyway?

Employees can be dismissed for cause, and therefore without notice or severance, when their misconduct or performance is so egregious that the employment relationship has been irreparably harmed. In assessing this issue, employers must adopt a contextual approach, which considers not only the misconduct in question, but the entirety of the employment relationship.


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Social media in the workplace: Oh what to do!? (part 2)

Some companies have applied traditional methods to the problem of social media at work: the soft approach attempts to monitor and regulate via policies; and the hard approach simply slams the door on employee access and use with a heavy hand. Neither of these works particularly well. The former will almost certainly lead to employee confusion and efforts—either intentional or not—to circumvent the policy, and the latter will likely result in discontented employees finding other ways to work around the blockade. In addition, both are difficult, if not impossible, to enforce fully; and attempts to bypass or evade controls could even lead to damage of physical or virtual IT resources.


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