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.
Since the Supreme Court of Canada’s decision earlier this year in Hryniak v. Mauldin 2014 SCC 7 (CanLII) more and more employees are bringing summary judgment motions to resolve their wrongful dismissal cases.
At times, employers despair at the perceived narrowing of the requirements of just cause for termination. With many adjudicators focused on progressive discipline, summarily dismissing an employee, even for serious misconduct, requires caution and often a well-researched legal opinion.