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ARTICLE · 02 SEPTEMBER 2016

Social Media Account Is A "Workplace"

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Arbitrator Howe upheld the Union's grievance, but refused to order the TTC to shut down its Twitter account.

CanadaEmployment and HR
Alexis Renaud
Alexis Renaud
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In a recent 35-page Ontario labour arbitration award that is likely to echo in other Canadian jurisdictions, Amalgamated Transit Union, Local 113 v. Toronto Transit Commission, Arbitrator Robert D. Howe found that the Toronto Transit Commission (the "TTC") had failed to protect its employees from discrimination and harassment with regards to numerous posts from customers and the public on its Twitter account.

According to Arbitrator Howe, in light of the Ontario Human Rights Code (the "HRC"), the Ontario Occupational Health and Safety Act (the "OHSA") and the provisions of the relevant collective agreement, employees were entitled to a workplace free from discrimination and harassment.

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