Ontario Court Upholds Dismissal Linked to Defamatory Social Media Activity
In a significant ruling that underscores the intersection of digital expression and employment rights, the Ontario Superior Court has affirmed a decision by the Ontario Labour Relations Board (OLRB) regarding a termination tied to social media conduct. The case involved Cai Song, a part-time employee at T&T Supermarket in Thornhill, Ontario, whose online postings led to his dismissal, with the court finding the action was not retaliatory but a direct response to his refusal to remove damaging content.
Details of the Social Media Controversy and Termination
Song published a lengthy 24-page post on York BBS, a platform widely used within the Chinese Canadian community, where he criticized T&T Supermarket. His allegations included comparisons to a "majesty of the party state" and claims of racism and discrimination. Upon discovering the post, T&T management requested its removal, but Song declined. Consequently, the company terminated his employment effective November 30.
Following his dismissal, Song argued that the termination constituted an unlawful reprisal, citing a workplace complaint he had filed under Ontario's Occupational Health and Safety Act (OHSA) and his involvement in union organizing activities with the United Food and Commercial Workers. However, after a nine-day hearing, the OLRB dismissed these claims, noting that Song's testimony contained "blatant falsehoods" and that T&T was unaware of his union activities or OHSA complaint at the time of termination.
Court's Decision and Broader Implications for Employees
The Ontario Superior Court upheld the OLRB's ruling, emphasizing that the dismissal was solely based on Song's social media post and his refusal to comply with the employer's request. This case serves as a stark reminder that in Canada, while freedom of expression protects against government action, private employers can discipline employees for online activities that harm business reputation.
Key takeaways from this ruling include:
- Free Speech Limitations: Employees should understand that private employers may legally terminate employment for posts that damage the company's image or operations.
- Permanent Digital Footprint: Online actions, such as likes, comments, or posts, often leave a lasting record that can be used as evidence in employment disputes, even if deleted.
- Best Practices for Workplace Concerns: Instead of airing grievances on social media, employees are advised to file internal complaints, seek regulatory assistance, or consult legal professionals beforehand.
This decision aligns with a growing trend in employment law, where social media evidence is increasingly utilized in wrongful dismissal cases to substantiate breaches of conduct, dishonesty, or discrimination claims. As digital platforms become more ingrained in daily life, the case highlights the need for caution in online behavior to avoid long-term professional consequences.
