Reference no: EM132723777

ABC Company had recently become unionized after a highly contentious organizing drive. Two employees (Bob and Jeff), who had been very active in the organizing campaign, started posting derogatory statements on their Facebook accounts about their supervisor. Over the course of two months, the comments became increasingly negative, implying violence and demonstrating homophobia. For example, one post said: "If somebody mentally attacks you and you stab him in the face 14 or 16 times ... that constitutes self-defence doesn't it????" Another said: "Don't spend your money at ABC Company as they are crooks out to hose you."

Together, the employees had hundreds of "friends" on Facebook, including several co-workers and a manager at ABC, who alerted the employer about these postings. After monitoring the postings for several weeks, ABC spoke to Bob and Jeff to hear what they had to say. Both initially denied their involvement, saying that their accounts had been hacked. Finding their explanation not credible, ABC decided it had just cause to dismiss them, despite their previously clean disciplinary records. They filed a grievance with their union, challenging their dismissal for cause.

What are the arguments that both the employer and the union will make regarding the alleged just cause and who do you think will be successful and why?