ABC Medical v Local 79 John and Steve, two paramedics posted some social media posts which were sexist, racist or offensive to groups including homeless persons. ABC Medical issued a letter to both grievors once the social media posts were brought to its attention. A meeting was held in November 2017 between the grievors and the HR representative to discuss the social media posts. The grievors received a Letter of Counsel dated 15th November 2017 regarding their social media posts, and were advised that inappropriate and disrespectful comments on social media, even if communicated outside the workplace, could have serious negative consequences in the workplace. Around March 2018, the HR department found out there had been more social media posts involving both employees. One of the social media posts contained an extremely offensive picture of a woman in a compromising position wearing the company's uniform. ABC Medical, the employer carried out an investigation. John was not co- operative with the investigation into his social media account and he tried to excuse and minimize his actions. Steve denied having any involvement with one of the messages, and indicated that he had accidentally re-tweeted the message with the offensive picture of a woman. A disciplinary meeting was held once the social media posts were traced to both employees and both employees were dismissed for violating the company's harassment policy. Both employees grieved their dismissal stating the company had violated their privacy by accessing their social media posts. The Union Local 79 pursued the grievance through three steps as per the procedure laid out in the collective agreement. However the grievance was not resolved and is now in arbitration. Union's argument Both employees should be reinstated as the company had violated their privacy by accessing their social media posts. The harassment policy was not violated as there was no mention about social media posts in the policy. The Union believes the discipline meted out by management is too harsh.Relevant collective agreement provisions 2.05 Management Rights Local 79 and the employees recognize and acknowledge that it is the exclusive function of the Company to: (i) maintain order, discipline and efficiency; (ii) hire, discharge, layoff, direct, classify, transfer, promote, demote and suspend or otherwise discipline any employee provided that a claim of discriminatory promotion, demotion, or transfer, or a claim that any such employee has been discharged or disciplined without reasonable cause, may be the subject of a grievance and dealt with as hereinafter provided. Article 5 NO DISCRIMINATION OR HARASSMENT 5.01 The Company and Local 79, agree that there shall be no discrimination, interference, harassment, restriction or coercion exercised or practised with respect to any employee in the matter of wage rates, training, upgrading, promotion, transfer, layoff, discipline, discharge or otherwise by reason of race, creed, ancestry, place of origin, colour, ethnic origin, citizenship, record of offences, political or religious affiliation, sex, sexual orientation, age, marital status, family status, disability nor by reason of membership in a labour union, and the Company agrees that it will not, either directly or through any person acting on its behalf, discriminate against any person in its employ because of such person being an officer, Steward, committee member or member at large of Local 79. 16.21 Suspension of Ten Days or More and Discharge Whenever an employee receives a suspension of ten (10) days or more or is discharged, grievances shall be initiated at Step Three within twenty (20) working days after said employee has been suspended or discharged. The Division Head and the Director of Employee and Labour Relations shall confer with the Representative(s) of Local 79 within seven (7) working days after receipt of the grievance. The Director of Employee and Labour Relations will advise Local 79 in writing of his/her decision in respect to the grievance within ten (10) working days following the Step Three meeting. 16.23 Sexual Harassment/No Discrimination or Harassment Where an allegation is made by an employee that Article 5 (No Discrimination or Harassment) or Clause 5.04 (Sexual Harassment) has been violated, a grievance shall be initiated at Step Two within forty (40) working days after such violation is alleged to have occurred.ABC Medical's Harassment policy Harassment comprises any unwelcome or objectionable, physical, visual or verbal conduct, comment or display, whether intended or unintended, that is insulting, humiliating or degrading to another person, or creates an intimidating, hostile or offensive environment and/or is on the basis of race, ethnicity, language, financial ability, religion, gender or sexual orientation, disability or age, or any other kind of discrimination which is prohibited by particular provincial/territorial legislation: made by an employee, volunteer, client or supplier of ABC Medical; . Directed at and offensive to any other employee, volunteer, client or supplier of the company, or any other individual or group that the person knew or reasonably ought to have known would be offensive (e.g., unintended). Examples of harassment include, but are not limited to: Threats made or perceived, that are malicious, vexatious or based on any of the prohibited grounds under Human Rights legislation Derogatory written or verbal communication or gestures (e.g. name -calling, slurs, taunting pictures or posters, bullying, graffiti ), that are malicious, vexatious or that relate to any of the prohibited grounds under Human Rights legislation Complaint: In order to make an official complaint, a complainant should advise their supervisor/manager or the applicable HR representative. Any individual who receives any complaint against an employee must refer it to the human resources representative. From here, there are three (3) possible actions: 1 No Action: The behaviour is not found to be harassment, and the complainant agrees. 2. Resolve: If the harassment is subtle or mild and the complainant agrees, the complaint is resolved informally with the assistance of the HR representative. 3. Refer: If the complaint represents moderate or severe harassment or if the incident involves an abuse of power, then the manager, the HR representative and the union are to be notified and the complaint is referred to mediation, investigation or, in extreme circumstances, the police. Confidentiality Complaints of harassment will be received and investigated in a confidential manner in accordance with the procedures, including prescribing corrective action. Information that must be shared will be disclosed on a need to know basis. Disciplinary action Harassment by an employee is a serious offence. If an accusation is substantiated, the harasser will be subject to immediate disciplinary action, up to and including dismissal