Parole officer claimed defamation over social media posts by colleague
A federal parole officer who tried to sue a colleague for defamation over Facebook posts has been stopped in her tracks – twice.
In an Oct. 14 decision, Ontario Superior Court Justice Marc Smith ruled the dispute must be resolved through federal grievance procedures, not civil court, even though the alleged defamation occurred on social media outside work hours.
Bobby Bala, a parole officer with Correctional Service of Canada, sued Amy Vanrivong, a security intelligence analyst, for defamation after Vanrivong allegedly posted on Facebook "false statements about me to others maliciously on social media" following a conversation in the lobby of National Headquarters. Bala claimed the posts destroyed her reputation and "created an environment where I could no longer work for the same employer."
The Small Claims Court dismissed Bala's lawsuit, finding it had no jurisdiction because the Federal Public Sector Labour Relations Act gives exclusive authority to workplace grievance procedures. Bala appealed, arguing she never filed a grievance because her union told her it was a civil matter.
Justice Smith rejected that argument. Even if Bala never used the grievance process, the law still blocks her court access. "Section 236(1) of the Act declares that the right granted under the legislation to grieve any work-related dispute is 'in lieu of any right of action' that the...
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