A former health worker brought a claim to the Court of Appeal after she was unsuccessful in the Employment Court arguing she had a personal grievance for unjustified dismissal. 

The worker had posted a series of offensive posts on her personal social media which strongly criticised recommended mainstream health practices of her employer and discriminated against certain minority groups. 

Her employer considered that the posts were against their staff social media policy which stated that workers must maintain a high standard of professional and personal behaviour online. The worker was dismissed for serious misconduct. 

The worker argued that the Employment Court’s decision was against her human rights of freedom of expression and freedom of thought regarding her political views. 

Under human rights legislation, it is unlawful for an employer to terminate an employee’s employment due to the employee’s political views. 

The Court of Appeal refused to hear the claim on the basis that the Employment Court did not make any legal errors when deciding whether there was an unjustified dismissal. 

The Court found that the worker was not dismissed on the basis of her political views but because her posts were directly contrary to the position of health practices being promoted by her employer at the time. The posts had the potential to undermine the trust and confidence of the public in the employer. 

The posts were also inconsistent with the worker’s obligations to her employer. 

Additionally, it was held that an employee’s rights of freedom of expression and freedom of thought do not prevent an employer from taking disciplinary action against the employee if the employee posts material against the relevant staff social media policies and codes of conduct. 

Employers should clearly communicate their expectations of staff when using social media, and seek legal advice from an experienced legal professional if they are unsure about how to formulate and enforce a social media policy. 

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