Emoji Consent on an Employment Contract: 900 CHML Interview

Interview Summary

A farmer in Saskatchewan was recently ordered to pay over $80,000 due to a breach of contract. After receiving a contract over text message to deliver flax at a specific time of the year, Chris Achter responded with a thumbs-up emoji. Achter’s response was considered to be an acceptance of the contract. Will this decision impact further employee and employer agreements? How should employees consent to employment contracts?

Jeremy Herman, a Toronto employment lawyer and Associate at Samfiru Tumarkin LLP spoke to Scott Thompson on 900 CHML to comment on employee rights and the importance of seeking legal advice.

Interview Notes

• Emoji considered consent by the court: The court’s decision in this particular case seems to be a reaction to the advances in technology in the workplace. It is important to note that this case occurred in Saskatchewan. Employment laws can differ between the provinces in Canada. This approach could or could not be adopted by courts in other provinces and territories.
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• Legal consequences of emoji use: This case seems to have set a precedent for the possible liabilities or consequences of using emojis. Employees should be wary of their communication with their employers and be as clear as possible. Emojis are vague and open to interpretation and so should not be used in formal communication, particularly in regard to employment contracts.
• Non-verbal consent by an employee: The outcome of this particular case could have implications regarding an employee’s non-verbal communication with their employer, such as the interpretations of physical gestures and mannerisms.