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ARTICLE · 08 MAY 2012

Facing Discipline For Facebook Postings

Borden Ladner Gervais LLP
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More than ever, Facebook and other social media networks serve as a means of communication and a source of information.

CanadaEmployment and HR
Parisa Nikfarjam, Student-At-Law
Parisa Nikfarjam, Student-At-Law
Author LinkedIn connections

Edited by Jennifer M. Fantini and Naomi E. Calla

More than ever, Facebook and other social media networks serve as a means of communication and a source of information. However, two recent decisions show that these networks can also serve as mediums for off-duty misconduct and that their misuse by employees can lead to disciplinary action. A posting on a Facebook page that harms the reputation of an employer may be grounds for discipline. Although the poster may have a perceived sense of privacy, this perception may not justify one's conduct online.

One of the first clear analyses relating to termination of employees for a post on Facebook was provided by the British Columbia Labour Relations Board (the "Board").

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