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Friday, December 16, 2011

Why can't we all get along: social media, privacy and labour law

Students at GDHS aren't happy.
Here's an interesting story that appeared yesterday and continues this week's theme of social media blunders in the workplace. The story revolves around Georgetown District High School and the forced transfer of two teachers to other schools. 

Following a series of unknown events, Eleanor Wallace, a beloved music teacher and head of the arts program, was transferred to Robert Bateman Secondary School and Lee Banks, a music teacher, went to White Oaks Secondary School.  These transfers were clearly disciplinary in nature. Typically this type of discipline would only occur when there has been a serious transgression of the employer's policies combined with the existence of just cause.

This story is interesting because what happened after students discovered Ms. Wallace's removal. Students started a rather effective social media campaign demanding the return of Ms. Wallace. The campaign, which only started on Monday, has been characterized by mass emails, posters being producedFacebook pages, articles in the Toronto Star and outreach to regional media.

The campaign has witty posters.
These transfers sit at the intersection of labour relations, privacy law and social media. Students can criticize the actions of the Halton District School Board, but the board can't publicly defend the actions it took as it would violate the terms of the collective agreement with the OSSTF and the internal privacy policy. This situation presents a dilemma for the board as it has to bear the barbs directed at it and can't get ahead of the growing online criticism. This public relations problem was apparent last night when Superintendent Nick Varricchio tepidly replied "The issue you are inquiring about is a personnel matter and therefore we will not discuss it with members of the media. Personnel matters are private as they are between the employee and the employer. We will not respond or provide any information regarding this matter."

The problem being is that now these private matters are anything but. In an earlier era a labour relations issue such as this could have been easily addressed, but in the era of social media public opinion on a seemingly minor issue can rapidly coalesce and cause a major public relations disaster. Organizations need to do their best to anticipate problems before they arise and have effective procedures in place to tactically respond to criticism. Social media isn't going away and organizations need to learn to adapt to this new normal. For my earlier posts about social media blunders see here and here.

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