Keep Your Facebook Comments To Yourself…Or Better Yet, Don't Put Them Out There At All!

The most serious aggravating factor in this case is the nature of the comments.  They were vicious and humiliating.  The company has characterized the posts as threatening.  It would certainly be reasonable for a woman reading such an interchange between male co-workers to feel threatened.  The grievor suggested that X should be sexually assaulted.  He must have anticipated that she would see the posts or hear about them because his Facebook 'friends' included co-workers.  He also, apparently, had not used any privacy settings since Mr. Kmpotich and Ms. Amato could read them.  He did not delete his comments as soon as he made them but left them up for 10 hours.

USWA, Loc. 9548 and Tenaris Algoma Tubes Inc. 2014 CanLII 26445 at pg 13-14