In the U.S. recently, the Supreme Court declined to hear an appeal involving a Massachusetts teacher who was dismissed after posting and sharing anti-transgender content on TikTok. Although the teacher argued that her right to free speech was protected under the First Amendment, the school’s position, that her conduct had the potential to significantly disrupt the school environment, was upheld and the appeal dismissed.
In New Zealand, an employee’s conduct outside the workplace/online can give rise to disciplinary action. In the education sector, schools have a right to expect staff, particularly teachers, to uphold certain standards of conduct. Teachers’ online presence, whether personal or public, can reflect on a school’s reputation and can also impact on a teacher’s professional obligations.
Social Media can undermine employer trust
By way of example, in Blylevens v Kidicorp Ltd [2014] NZERA 591, a childcare centre manager was dismissed after she liked and commented on Facebook posts that were critical of her employer. Although she used her personal account outside work hours, her online activity was visible to the school community (including parents) and was found to damage the employer's trust in her, particularly given she was a senior employee. The Employment Relations Authority (Authority) upheld the dismissal, likening her online activity to standing outside the centre handing out negative articles about her employer. This case highlights the principle that staff members’ online presence can impact their professional roles.
Reputational risks
All teachers have a right to freedom of expression and the right to engage on social media in their personal life. However, there is potential for online activity to expose schools to reputational risk, especially when posts conflict with a school's values or policies.
In Turner v Te Whatu Ora – Health NZ (2023), a nurse was dismissed for anti-vaccine and anti-Muslim content she posted on her private Facebook page, which was offensive and contrary to her employer’s positions. The posts she created were only visible to her 86 Facebook friends, but the Authority found that even that small audience was significant enough to make the content not truly private. Her posts were seen by co-workers and others working in the healthcare sector, and that was enough to justify dismissal.
In Hook v Stream Group (2013) 11 NZELR 427, the Authority held that even posts with privacy settings were ruled to be subject to disciplinary action. The ruling also observed that social media posts are uniquely durable and far-reaching, stating that posts have a “permanence and potential audience that casual conversations around the water cooler at work or at an after-hours social gathering do not.”
For teachers, this can mean that even private or “friends-only” content could be treated as public and impact on their employment and/or professional obligations as a teacher.
What schools should do
Schools should proactively manage staff expectations around social media use by:
- Developing clear social media policies outlining acceptable conduct, particularly when content could reflect on the school or affect professional relationships.
- Training staff on their responsibilities and how public perception can blur personal and professional boundaries.
- Reinforcing professional obligations noting that teachers have professional obligations to uphold, which includes a commitment to maintain public trust and confidence in the teaching profession.
Get in touch
Please reach out to our experts if you need any guidance.
