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Off-Duty, Online and Out of Work: Web 2.0 in the Non-Workplace
August 5, 2008
Ottawa, August 5, 2008 - Web 2.0 tools have opened the door to a new way of communicating around the world. But sites such as MySpace, Facebook, Twitter and blogs have also created new challenges for employers. There are more and more cases of employees posting content that damages their company's reputation-and being fired because of it. Even if an employee is off-duty and using their own computer, what they say and show online can reflect on their employer.
"A big attraction of Web 2.0 sites is that people can share their lives with the entire world from the privacy of their own home," says Anthony Moffatt, a lawyer with Ogilvy Renault's employment and labour team. "But that can be a problem if they post material that damages their employer's reputation, breaks a duty of confidentiality, or severely interferes with their ability to work with their supervisors or co-workers. You may be off-duty but you're still in plain sight."
Earlier this year, an administrative employee in the Alberta Public Service was fired after her employer became aware of the content of her blog site. The blog contained hurtful comments about co-workers, who were identified by pseudonyms. The province's Arbitration Board agreed the comments irreparably damaged the employment relationship and upheld the employee's dismissal.
Other examples have also shown the dangers of improper Internet use:
- A professor at Acadia University was fired for "aberrant behaviour" for using his workplace laptop to arrange a racy encounter with a woman he met on an Internet dating site.
- The coach of the Winnipeg Blue Bombers dance squad resigned recently after provocative photos of some of the team's cheerleaders appeared online.
"When employees post offensive content on Web 2.0 sites, it can put employers in a difficult position," says Daphne Fedoruk, a lawyer with Ogilvy Renault's employment and labour team. "Companies may not want to silence their workers' off-duty views, but they also feel that they can't allow their image to suffer because of them. It's a new and evolving area of law and decisions should continue to emerge."
About Ogilvy Renault's Employment and Labour Group
Ogilvy Renault's employment and labour lawyers are recognized as innovators in their field and are known across Canada for their expertise and effective representation of management in all work-related issues. The Employment and Labour Group was recently recognized by The Chambers Global Guide as practicing a "tier one" employment and labour practice. Ogilvy Renault is proud to serve many of the country's most successful employers in various sectors of the economy.
About Ogilvy Renault
Ogilvy Renault LLP is a full-service law firm with close to 450 lawyers, patent and trade-mark agents practising in the areas of business, litigation, intellectual property, and employment and labour. Ogilvy Renault has offices in Montréal, Ottawa, Québec, Toronto, and London (England), and serves some of the largest and most successful corporations in Canada and in more than 120 countries worldwide. Find out more at ogilvyrenault.com.
| Ogilvy Renault is the International Legal Alliance's Canadian Gold Award winner for 2008 in M&A and Corporate Finance. |  |
Contacts
Peter Zvanitajs - Toronto
Senior Advisor, Media Relations
416.216.1871
pzvanitajs@ogilvyrenault.com
Joanne Lajeunesse - Montréal
Director, Marketing and Media Relations - Quebec Region
514.847.4723
jlajeunesse@ogilvyrenault.com
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