Howard Levitt: These employees quickly discovered that trivializing tragic events on social media can be grounds for instant dismissal

The global protests in response to the killing of George Floyd originated with a video recording of the officers’ conduct. Although serving a social good in this case, it serves as a reminder to employees of the ubiquitousness of recording devices in the workplace — and beyond.

Ottawa resident Shania Lavalle lost her job at Boston Pizza after sharing a video on Snapchat, which re-enacted George Floyd’s final moments. The video showed Lavalle’s sister Justine lying on the ground with her boyfriend’s hands and knees on her back.

Shania later deleted the post and posted an apology but not before it was widely shared and neighbours, co-workers, and customers of Boston Pizza identified her to her employer as the one posting the video.

One social media user said he demanded action from the franchise and warned he was watching and waiting for the employer’s response. The user said Boston Pizza responded to him stating that Shania had been terminated.

An even more interesting twist came when it was reported that Justine was an employee of the Canada Border Services Agency. The CBSA issued a statement last week stating that it had been made aware of a social media post and immediately investigated the situation, adding that “the individual no longer works at the CBSA.”

Generally, employers in Canada can terminate employees for any reason (except for reasons related to the human rights code) as long as they provide employees with adequate notice or severance. If there is cause for dismissal, no such notice or pay is required.

With a backdrop of discussions of systemic racism, COVID-19 and an increasingly virtual environment where all our meetings are now recorded on internet platforms, employees must be increasingly vigilant about what they say, even if they assume they are in a breakout room or that the recording has ended.

In this context, the answer to the question as to whether Boston Pizza or the CBSA had cause to terminate these employees is a resounding yes.

While Shania’s video was posted from her personal account, presumably outside of working hours, the video placed her employer’s reputation on the line as customers identified her from the Boston Pizza location they frequented.

Others demanded action from the Boston Pizza franchise as the video was shared widely. Canadian courts have been clear that damage to an employer’s reputation, economic interests or brand can be cause for dismissal. Employees must consider the consequences to their employers of their social media postings.

For its part, the CBSA in its statement declared that it holds itself to “a high standard of professionalism and integrity.”

Workplace policies and an employer’s consistent conduct upholding such standards could be used in support of the CBSA’s decision to terminate its employee with cause.

As a national agency purporting to represent all Canadians, CBSA would be expected to have tight anti-discrimination policies, social media and workplace conduct policies binding their employees.

Such policies are a two-edged sword as an employer’s conduct contrary to its own policies can be used in legal actions by employees who are treated inconsistently with those policies. Too many employers take high-minded policies from the internet without considering whether they “walk the talk” or even intend to.

Pious statements as to equal treatment and corporate rectitude can come back to haunt employers when their employees sue, complaining that these policies are contracts and that they were not adhered to, leaving that employee at a disadvantage.