Can a BC employer use personal texts to another employee not done on company time as reason for dismissal. They said it was "lack of professionalism while working with coworkers". Is this not against the BC Privacy Act as it was a personal text to another employee again not during company hours
Province/Territory relating to question: British Columbia
Are they objecting to the content of the text?
Did the employee who received the text complain to the employer?
Has the employee been given written warnings before?
Yes she was talking to another employee regarding her boss on her own time on her own phone during text. This employee then showed the text to the employeer and part of the dismissal was based on this text. She has not been warned regarding this before. Is this against the privacy act as it was her personal text on her personal time.
It's nothing to do with the privacy act.
The employee showed it. The employer did not snoop.
And texts have nothing to do with the Privacy Act.
It protects personal information that's been collected.
But let me explain the law about this dismissal.
It will take a couple of minutes.
If an employer wants to dismiss an employee for cause the employer is required to provide the employee with written warnings, unless the employee`s conduct is so extraordinary that immediate dismissal is warranted. As this was not the case then you should consider speaking to an employment lawyer to discuss the merits of a claim for wrongful dismissal and seek damages from your employer. Generally the damages would be equal to what you would receive had you been dismissed without cause. If that had been the case you would have been entitled to receive "reasonable" notice or pay in lieu of notice. Generally, in determining what is reasonable notice Courts look at several factors including the length of time you worked for the employer, your age, your position, the likelihood of finding new employment etc. At the high end, if you were in a managerial position, the Court would likely order one month's notice or pay in lieu of notice for each year of employment. If you were not in a managerial position the Court would order somewhat less.You can contact the BC Branch of the Canadian Bar Association and use their Lawyer Referral Service. You will be given the name of a lawyer and can consult with the lawyer and the first half hour will be $25.The number is:604.687.3221 or 1.800.663.1919.
Is this something labour relations board of BC would be interested in as well. Again this was done on her own time with her own personal equipment not at work on work equipment. There were other things they had on the dismissial but this in my opinion is not worthy of discispline or part of the dismisal.
The is not for the labour relations board as they do not deal with wrongful dismissal.
An employment lawyer can likely get her some damages/