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ARTICLE · 25 FEBRUARY 2026

Social Media And Disciplinary Measures: Insights From Two Recent Decisions

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An employee's use of social media — even in their private lives — remains a significant concern for employers, who must manage the potential consequences of online content that could harm their reputation.

CanadaEmployment and HR
Florence Gauthier
Florence Gauthier
Marie Péladeau
Marie Péladeau
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An employee's use of social media — even in their private lives — remains a significant concern for employers, who must manage the potential consequences of online content that could harm their reputation. Two recent arbitral decisions illustrate this reality and explore the circumstances in which an employee's social media activity may warrant disciplinary action, including termination of employment.

Société en nom collectif NouvLR c. Union des opérateurs de machinerie lourde, local 791

Background

In the first case,1 an employee posted a video on a social media platform during working hours that contained derogatory remarks about influencers. The footage showed the employee on the worksite wearing a hard hat bearing his employer's logo, which was in violation of internal policies. The video was widely shared, leading to comments that associated the employer with the statements it contained. Although the employee admitted his mistake and quickly removed his

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