A platform for discipline : Social media speech and the workplace

The preamble stated the statute’s purpose: to deal with public services “of the utmost importance” to the people and functioning of the jurisdiction where “any withdrawal or threatened withdrawal of those services would be contrary to the public interest and could compromise health or safety of, or otherwise cause hardship” to the province. [...] The theme introduced below and explored in each of the ensuing subsections is that the worker’s impugned comments on social media are generically assessed based on the presumption of a negative impact on the business reputation of the employing entity. [...] And yet, should employees not be free to speak their minds and enjoy the protection of the defences in the tort of defamation (particularly the renovated law in England)? [...] The juxtaposition of commercial and free speech is the focus of the ensuing discussion amongst the aforementioned jurisdictions. [...] It is suggested that if these same remarks were drawn to the attention of Game Retail, the retailer would have taken the same action and the likelihood (reinforced by the discussion of case law below) would be the affirmation of his dismissal be any subsequent tribunal.