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.
Canada’s anti-spam legislation is expected to be declared in force in 2013. It will regulate most forms of commercial electronic messages sent to Canadians, including email, text messages and messages sent through social media. Under the anti-spam legislation, either express or implied consent is required before sending commercial electronic messages. In addition, the message must comply with prescribed information disclosures, and a mechanism to unsubscribe must be provided.
With this whole text-messaging explosion, a new epidemic called "textual harassment" has emerged. I recently read a couple of articles dealing with this new liability concern for employers: textual-sexual harassment. Of course this warning comes from the United States—according to a recent US Justice Department report to Congress, 23 percent of stalking or harassment is happening via text messages. The problem has become so large in the US that 46 states have anti-stalking laws that refer to electronic forms of communication. However... since US lawsuits that involve texting and harassing behaviours are increasing, Canadian employers should beware!