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03 November 2010

Partner Don Richards Advises on BC’s First Facebook Related Termination

The legal grey area of social networking became a little clearer recently when BC’s Labour Board found that an employer had proper cause to terminate an employment relationship after two employees posted derogatory comments about their employer, supervisors and manager on Facebook.

In BC’s first employment decision related to social networking site Facebook the Labour Board stated that because the very nature of Facebook is to be a sharing site that the employees had no reasonable expectation of privacy.

The fact that the postings were not made on company computers or during work hours had no bearing on the decision. The Labour Board also found that even though the two employees happened to be the Union organizers in a recent Certification of the Employer as a Unionized workplace the employer had no Anti – Union Animus.

The case was covered in The Province and a copy of the article can be found here.

For further information please contact Don Richards.

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