Trish-Ann Tremblay had entered into a settlement agreement with
her former employer, 1168531 Ontario Inc., on September 13, 2011,
with respect to the Human Rights Application she had filed against
1168531 Ontario Inc.. The settlement agreement contained a standard
confidentiality provision requiring parties to maintain the
confidentiality of the terms of the Minutes of Settlement.
The next day after the mediation, Ms. Amy Lalonde, manager with
the Respondent Company, was informed by a colleague that Ms.
Tremblay had posted messages on Facebook about the mediation and
settlement. In fact, the first message was posted during the
mediation session itself:
"Sitting in court now and _______ is feeding them a bunch
of bull shit. I don't care but I'm not leaving here without
After the Minutes of Settlement were signed, Ms. Tremblay posted
the next message as follows:
"Well court is done didn't get what I wanted but I
still walked away with some..."
Shortly thereafter Ms. Tremblay posted the following
"Well my mother always said something is better than
nothing...thank you so much saphir for coming today..."
While Ms. Tremblay argued that there was no proof that she was
talking about the Respondents as she did not mention them by name,
the Tribunal held that it was clear from the date of the postings
and the comments made that she was referring to the mediation. The
Tribunal found that Ms. Tremblay had breached the confidentiality
provision of the Minutes of Settlement. However, the Tribunal found
that the Respondent Company had also breached the Minutes of
Settlement by not paying Ms. Tremblay the settlement amount.
The Tribunal ultimately ordered that the amount owing to Ms.
Tremblay under the settlement agreement be reduced by $1,000. In
determining the appropriate remedy, the Tribunal took into account
that Ms. Tremblay did not disclose the amount of the monetary
settlement in her Facebook posts. The Tribunal also considered the
relatively public nature of Facebook, especially in the small
community in which the applicant and respondent company
When mediating issues of a sensitive nature, employers should
consider including confidentiality provisions in settlement
agreements that specifically prohibit disclosing terms of
settlement on social media sites, including Facebook, Twitter,
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