Bad behaviour online is nothing new, nor is toxic communication in the workplace. However, 2025 has seen an acceleration of toxic communication in both domains and a test...
Bad behaviour online is nothing new, nor is toxic communication in the workplace. However, 2025 has seen an acceleration of toxic communication in both domains and a test of the limits of when off-duty conduct is deemed harmful enough to constitute cause for summary dismissal.
As commonplace as offensive posts have become, it is easy to forget that an employee's digital footprint can have consequences. We recently saw an explosion of interest in an alleged extramarital affair between two employees after video of their intimate embrace at a Coldplay concert spread like wildfire across the internet.1 There was also the case of a misogynistic tirade by a Philadelphia Eagles fan at an NFL game leading to his dismissal2 and in Ontario, a York-region paramedic made comments on social media about the war in Gaza and was dismissed.3
It is not hard to go on any social media platform and find comments or conduct that raises concerns. The question for employers is what to do in these increasingly common situations? When does an employee's onlineconduct (whether off-duty or on-duty) come into the workplace? A recent Ontario Court of Appeal decision provides helpful guidance to employers navigating this difficult issue.
Metrolinx v Amalgamated Transit Union, Local 1587: Off-Duty Online Conduct Can Lead to...
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