Free Speech in the Workplace: You Can Be Fired

Following Don Cherry’s firing by Rogers Sportsnet and a speech by writer Meghan Murphy at a Toronto Public Library branch, individuals and businesses across Canada are asking legitimate questions about freedom of speech and free speech in the workplace.

Does the Canadian Charter of Rights and Freedoms guarantee free speech for everyone in all public and private places, including the workplace? Can a person or employee share their thoughts and personal opinions at work without facing punishment of any kind?

Does an employer have the right to fire an employee because of comments perceived to be inappropriate or harmful to the company?

A Toronto employment lawyer at Samfiru Tumarkin LLP answered these questions with host Alan Carter on Global News Radio 640 Toronto to talk about free speech in the workplace and employment rights for employees and employers.

The lawyer pointed out that free speech does not allow somebody to engage in hate speech, which is not a protected right in our democracy.

Where the workplace is concerned, employers do have the ability to fire, lay off or terminate an employee who says something inappropriate. An employer can also dismiss an individual simply because they have said something that employer disagrees with, whether the employees comments are innocent or otherwise. However, in those cases, the termination would be considered one without cause, and full severance pay would be owed to the employee in order to avoid a wrongful dismissal claim.