Document Type

Response or Comment

Publication Date

2011

Abstract

The advent of social networking sites (SNS) has become a reality of the digital age. These sites are highly interactive, creative and addictive for individuals to exchange personal, professional and social ideas but its use has also been the subject of litigation in the courts lately just like any man made invention. People using these sites have sparked a number of legal challenges that have dramatically changed the world. This raises a number of questions as to whether there are clear guidelines on the use of these tools by employers and employees.

This paper is a case commentary of one of the first cases in Canada where employees have been fired because of work related postings they made on Facebook one of the most popular social networking sites in the world today. The judgment of the British Columbia Labour Relations Board in this case did not invoke the issue of employers policy on the use of social media in the workplace despite the fact that the employers in this case admitted that they admitted that they have never encountered the use of Facebook by employees. My findings in reviewing the facts of this case revealed that the employees involved in this case would not have reacted as they did if their employers had a social media policy and guideline which explained the expectations when using these tools whether at work or outside. The commentary also reviews the recently released professional advisory on the use of electronic communication and social media by a regulatory body in Ontario. It concludes with recommendations for the use of this empowering communication tool in the workplace as technological advancements continue to emerge and change the world.

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