Trends in Social Media Governance & HR@ m i k e k u j a w s k i

Partner & Senior Consultant, CEPSM

WHYis governance & HR important?

3%14%26%26%25%6%

In organizations with >1000 employees

Quick Poll

Quick Poll

New Resources

21%

18%

14%

14%

13%

13%

7%Community Management

Social Media Management

Business Unit Liasing

Content Strategy

Social Strategy

Social / Data Analysis

Education & TrainingManagement

WHYare guidelines, policies and terms of use

important?

For your own

Protection

Key Golden Rules

1. Be responsible

2. Be respectful

3. Think twice before posting

4. All employees are liable for their posts

Uh oh!!!!

87%Of Canadians are online

23%Regularly create original content and share it

15%Share “everything” or “most things” online

However, EVERYONE now has a

Digital Footprint

EXAMPLESof digital footprints catching up with people

Example 1: Toronto Firefighters

Example 2: Hamilton City Worker

Example 3: Public Shaming

CONTEXTand key definitions surrounding usage

Work vs. Life

• 1900’s: Work

• 1950’s: Work-life separation

• 1970’s: Work spills into life

• 1980’s: Work-life balance

• 2000’s: Life spills into work

• 2010-Now: Work-life blending

Types of Usage

• Official: Approved and authorized use of

social media for your organization’s delivery

of operations and services

• Professional: Use of social media for

professional purposes that comes from your

own personal account rather than your

organization’s official account(s)

• Personal: Use of social media that is not for

organizational/professional purposes

Legal Issues

• So called “private” social media

settings not protected by privacy law

• Contact list disputes

• Collective bargaining

• Preserving evidence

Legal Issues

• Unionized vs. non-unionized staff

• Grounds for off-duty conduct dismissal:

1. Conduct has direct impact on

organization*

2. Conduct reveals character that is

inconsistent with organization’s values

LEGALCanadian Case #1

EV Logistics v. Retail Wholesale Union, Local 580

Issue: Offensive remarks posted on employee’s personal blog

Verdict: Dismissal reduced to suspension

LEGALCanadian Case #2

Lougheed Imports Ltd.

Issue: Derogatory remarks about employer posted on Facebook

Verdict: Dismissal upheld

LEGALCanadian Case #3

Alberta v. Alberta Union of Provincial Employees of

Alberta (R. Grievance)

Issue: Derogatory remarks about employer posted on blog

Verdict: Dismissal upheld

LEGALCanadian Case #4

Canada Post Corp. v. Canadian Union of Postal

Workers

Issue: Derogatory remarks about employer posted on Facebook

Verdict: Worker was fired

LEGALCanadian Case #5

Frangione v. Verdongen

Issue: Plaintiff sough damages for personal injuries

Verdict: Plaintiff ordered to disclose all Facebook posts (including

those that were set as “private”)

LEGALCanadian Case #6

Chatham-Kent v. National Automobile, Aerospace,

Transportation and General Workers Union of Canada

Issue: Care-home employee blogged about residents

Verdict: Employee was terminated from her job

LEGALCanadian Case #7

International Union of Elevator Constructors, Local

50 v ThyssenKrupp Elevator (Canada) Ltd

Issue: Employee posted explicit video of his work related injury

Verdict: Employee dismissed

REMINDERSto keep your employees on track

Read and understand

Existing Policies

Be aware that employers can

Monitor You 24/7• This is not limited to work

Your Posts are PublicOr will be soon if they aren’t already

• Employ this mindset when working online

• Understand that “private” settings don’t

necessarily protect you in court

If you’re unsure,

Ask Before You Post• Ask your Supervisor

• Ask your HR rep

Use caution and good judgment

We Trust You

Q & A

Mike KujawskiPhone: 613.491.1348

E-mail: mikekujawski@cepsm.ca

Blog: mikekujawski.ca

Twitter: @mikekujawski

Website: cepsm.ca

Google: “mike kujawski”