Education assistant’s OnlyFans page, online conduct: CBC News Interview

The Coquitlam school board in B.C. issued a cease and desist letter to education assistant Kirstin MacDonald after her OnlyFans account was discovered by a student. MacDonald faces further consequences and possibly termination if she does not comply. Do employers have the right to dictate an employee’s activities outside of the workplace? What argument, if any, does MacDonald have to continue her online presence?

A Vancouver employment lawyer at Samfiru Tumarkin LLP spoke to CBC News Vancouver’s Yvette Brend about MacDonald’s rights and how they differ from non-unionized employees.

The lawyer insists that the outcome of this situation will depend on whether or not there is a correlation between an employee’s activities outside of work and their work in school. They went on to explain that employers often have a set of policies and a code of conduct in place to ensure employee behaviour is in line with their brand and values.

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Unlike non-unionized employees in Canada, who can be terminated for various reasons, and none at all, the lawyer explained that MacDonald’s rights will differ.

To those critical of MacDonald’s social media use, the lawyer urged them to consider the morality of this dilemma. “What kind of moral ground can you really stand on when you’re also putting these EAs — who do incredibly important work – into the position where they aren’t earning enough money to live?”