While Canada’s Charter of Rights and Freedoms guarantees freedom of expression, it only applies to government actions, not private employment relationships. This means that while employees and directors are free to express political opinions, private employers are equally free to discipline or terminate employees and discipline or remove directors if their posts harm the organization or violate workplace policies.
Employers have legitimate concerns about maintaining workplace harmony, protecting their brand reputation and avoiding liability for employee or director conduct. If someone’s social media activity disrupts workplace operations, damages an employer’s public image, or creates a hostile work environment, termination or removal may be justified.
The decision to discipline or terminate an employee or remove a director for social media activity typically depends on the following factors:
Nature of the post: Posts containing hate speech, discriminatory language, or inflammatory content are more likely to result in disciplinary action. Political comments that attack specific groups or promote extremist views may be viewed as violating workplace policies, even if posted outside of work hours.
Association with employer: Even if an employee or director does not explicitly identify their employer in a post, they may still be linked to their workplace. If the employee’s or director’s account or social media presence can be easily connected to their job, the employer may need to take action to protect its reputation.
