Employment law experts divided on legality of disciplinary actions against Gaza conflict comments
HR professionals across Canada are facing an increasingly complex challenge amid the Gaza conflict: balancing employee rights to freedom of expression with organisational obligations to maintain harassment-free, inclusive workplaces.
Employment law experts are at odds over where employers' rights end and employee free-speech protections begin, creating uncertainty for HR professionals managing workplace conduct policies, according to a recent report.
In June, York Region paramedic Katherine Grzejszczak was terminated after commenting on a union Facebook post calling for a demonstration against Israel. She said the termination violates her Charter right to freedom of expression.
Also, a University of Ottawa medical resident, Yipeng Ge, was suspended from his residency after posts describing Israel as a "settler colonial and apartheid state." He was reinstated without disciplinary action following an investigation, but resigned after the school refused to apologise or acknowledge anti-Palestinian racism. Ge has filed a human rights complaint against the university, according to the report.
Employment law experts are divided on whether such disciplinary actions are legally defensible.
Nancy Shapiro, an employment legal expert volunteering for the Centre for Israeli and Jewish Affairs, said employers must balance free speech with workplace...
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