Turner v Te Whatu Ora

Amanda Turner worked as a community palliative care nurse for the Wairarapa District Health Board. In early 2021, the DHB learned that Ms Turner had posted anti-vaccine and offensive comments about Muslims on Facebook. These posts were seen by other staff and caused concern at an aged care facility, particularly as Ms Turner was a respected nurse whose views could influence others.

The DHB investigated the matter, obtained screenshots of the posts, and met with Ms Turner to discuss her conduct. Ms Turner argued that her posts were private and that the DHB’s actions were unfair and discriminatory. The DHB concluded that the posts breached its Code of Conduct and the Nursing Council’s standards, and dismissed Ms Turner for serious misconduct.

The Employment Court found that Ms Turner’s Facebook posts were not balanced discussions but included memes and strongly worded statements against individuals and groups. The posts were considered offensive and contrary to the DHB’s interests, especially given the focus on promoting COVID-19 vaccination among Māori and vulnerable communities.

The Court held that the DHB’s investigation and dismissal process was fair. Ms Turner showed no remorse or understanding of the seriousness of her actions, and the DHB was justified in dismissing her for serious misconduct. The Court rejected Ms Turner’s claims of discrimination and breach of privacy or freedom of expression, confirming that employment codes and reputation protection can override personal expression in certain contexts.

This case shows that employers can act on employee social media conduct if it affects the workplace or breaches organisational standards. The posts do not need to be made during work hours or on work devices; what matters is their impact on the business and its reputation.

Employers should ensure their codes of conduct and social media policies are clear, regularly updated, and communicated to staff. When investigating potential misconduct, employers must follow fair procedures, including gathering evidence, meeting with the employee, and considering their response before making decisions.

Employers should take practical steps to manage risks from staff social media activity. Start by reviewing your policies and ensuring they cover online conduct, including what is considered serious misconduct. Provide training to staff about appropriate online behaviour and the potential consequences of breaching workplace standards.

If an issue arises, investigate promptly and fairly. Gather evidence, meet with the employee, and keep records of all actions. Consider the impact of the conduct on the workplace and whether dismissal is proportionate. Seek advice if unsure about the process or legal risks.

Employment law in New Zealand requires employers to act as fair and reasonable employers. Dismissal for serious misconduct must be justified and follow proper process. Codes of conduct and professional standards, such as those set by the Nursing Council, are key reference points for acceptable behaviour.

Privacy and freedom of expression rights are recognised, but they are not absolute in employment. If an employee’s conduct breaches workplace codes or damages the employer’s reputation, disciplinary action may be justified. Employers should ensure their policies reflect these principles and are regularly reviewed.