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ARTICLE · 02 AUGUST 2016

Improper Comments On Social Networks: A Serious Cause Justifying Dismissal?

Norton Rose Fulbright Canada LLP
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In such circumstances, the onus is on the employer to demonstrate that the employee was terminated for serious motives.

CanadaEmployment and HR
Caroline Jodoin
Caroline Jodoin
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The employment contract of a "Montreal Impact Academy's U14" team coach was recently terminated as he made racist comments on his private Facebook page following the defeat of France against Portugal in the Euro 2016 final. In a news release, the Montreal Impact shortly dissociated itself from these comments, considering that they were totally unacceptable and against the fundamental values of the club and of the Academy.

This case is interesting in that it raises the issue of whether an employer can lawfully dismiss an employee having an improper conduct on the Internet. It serves as an accurate example of the challenges and consequences entailed by the increasing use of social networks.

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