IT staff fired after explicit pics found on CIRA president’s computer

IT staff at Canada’s internet registry were fired after they found explicit photos on the head of the government agency’s work computer.

Byron Holland, president of the Canadian Internet Registration Authority (CIRA), allegedly kept over 1,000 images of himself pictured in sexual acts involving other individuals.

The files were discovered when the agency’s IT employees were transferring files from an old computer to a new one back in 2015.

A member of the IT team informed HR and an investigation was conducted by the agency in 2016. Three IT staff who had handled his computer were fired and given severance pay, in exchange for non-disclosure agreements.

People who were aware of the incident have contacted the Toronto Star with their concerns about how CIRA handled the internal investigation. CIRA told the Star that the matter has been “appropriately resolved” and that the terminated employees were not let go for an “improper purpose.”

Should Holland be out of a job? Did CIRA have a legal right to fire the IT staff following their discovery? Is it legal for an employer to request a fired employee to sign a non-disclosure agreement in exchange for a severance package?

Lior Samfiru is a Toronto employment lawyer and partner at Samfiru Tumarkin LLP. He joined Global News Radio 640 Toronto host Mike Stafford to discuss employment law and employee rights in this situation.

In This Interview:

2:39 – Lior explains why president Byron Holland likely wasn’t fired for cause over pornographic images.

4:27 – Employers should have clear company policy that outlines acceptable and unacceptable employee conduct.

4:59 – Lior provides a possible explanation as to why IT staff were legally fired with Ontario severance pay despite doing nothing wrong.

6:27 – Is it legal to ask an employee to sign a non-disclosure agreement in exchange for severance pay when they are being fired?

7:37 – Be careful what you do while using a work computer.