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Facebook is the new water cooler in the employer's favour, Kovacs says the ruling is not a green light. For example, labour relations statutes protect employees who comment on working conditions while attempting to orga- nize. That may include comments regarding a supervisor. Employers must also continue to conduct thorough inves- tigations, says Judith Macfarlane of Bull Housser & Tupper LLP in Vancouver. At the same time, it's crucial to avoid knee-jerk reactions to questionable posts, as employees may have reasonable explanations. "If you don't do that, then you ultimately end up in litigation, the person can then come up with all sorts of reasons and explanations, and you'll be stuck with them," says Macfarlane. David Roberts of Pink Larkin in Halifax, N.S., says Lougheed demonstrates the need for employees to learn how social media fits into traditional employment concepts, such as insubordination. "I think it's going to become a growing issue, because you have more and more people entering the workforce who've grown up with social media," he says. "It's going to be an educational process for them to understand that the way they may have dealt with their friends while they were in school should not be the way that they deal with their fellow workers." Ball Professional Corporation Barrister & Solicitor Excellence in Employment & Labour Law • Counsel in Leading Cases • • Author of Leading Text • Wrongful Dismissal Employment Class Actions Labour Relations Employment Law Human Rights Post Employment Competition Civil Litigation Appellate Advocacy Employment Standards Disability 82 Scollard Street, Toronto, Canada, M5R 1G2 Phone: (416) 921-7997 Fax: (416) 921-3662 web: www.staceyball.com Let us open right door for you the We specialize in Employment and Labour Law in Canada Kuretzky Vassos Henderson is a leading employment and labour law fi rm situated in the heart of Toronto. We are comprised of ten lawyers, all of whom specialize in the area of employment and labour law. We act for many prominent public and private sector employers as well as for individuals. Kuretzky Vassos Henderson LLP Our work includes extensive experience in the areas of: Wrongful dismissal • Human rights • Labour relations/Labour law/Collective barganing • Workplace health and safety • Sexual harassment • Employment standards • Employment contracts • Canada Labour Code • Class actions • Mediation/arbitration/ADR www.kuretzkyvassos.com • 416.865.0504 uretzky_CL_Feb_09.indd 1 CANADIAN EMPLOYMENT LAW Stacey Reginald Ball More than 5,800 cases cited! Canadian Employment Law is a one-stop reference that provides a thorough survey of the law and analysis of developing trends, suggesting potential avenues of attack as well as identifying potential weaknesses in the law. CD-ROM or Internet! Also available on Canadian Employment Law has been cited by the Supreme Court of Canada, in superior courts in every province in Canada and is used in law schools throughout Canada. Visit canadalawbook.ca or call 1.800.565.6967 for a 30-day no-risk evaluation Looseleaf (2 volumes) • $319 • Subscription updates invoiced as issued (3/yr) • P/C 0439030000 • Vol. 1 ISBN 0-88804-218-3 Vol. 2 ISBN 0-88804-362-7 • CD-ROM or Internet version available separately • Prices start at $451 Prices subject to change without notice, to applicable taxes and shipping & handling. 10/19/10 8:26:39 AM CANADA LAW BOOK® CL0211 www.CANADIAN Lawyermag.com FEBRUA R Y 2011 41 all_CL_Feb_11.indd 1 1/18/11 10:00:23 AM C ontinued fr om pa g e 39