He was not allowed to criticize his employer on Facebook

Release date: May 10, 2017

A snowboard instructor and teacher challenged the 5-day suspension imposed on him for having criticised his employer on Facebook regarding the lack of “jumps” on the slopes. First of all, the arbitrator took into consideration the status of the employee, who was in a position of authority with regard to his students, and who was also a mentor and a representative of the employer, all of which placed certain limits on his freedom of expression. According to the arbitrator, the employee did not abide by his duty to respect his employer. Secondly, the arbitrator took note of the fact that this was a repeat offence, as the employee had already received a written notice for posting disparaging comments on Facebook regarding his employer, and had pledged not to reoffend. Finally, the employee did not delete his comment when he saw the responses to his words. However, considering the short duration of the snowboarding season, the arbitrator changed the 5-day suspension into a 3-day suspension.

Syndicat des employé-es de la Station Mont Sainte-Anne (CSN) v. Station Mont Sainte-Anne, DTE 2016T-794, 2016 QCTA 686, Côme Poulin Esq.

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