Court of Appeal junks former DHB nurse's appeal over termination

A former nurse at the Wairarapa District Health Board (DHB) once again failed to challenge her employer's move to terminate her for posting anti-vaccine content on Facebook.

The Court of Appeal of New Zealand deemed Amanda Turner's challenge to the Employment Court's ruling over her termination as not "seriously arguable."

"We will not grant leave to pursue this question on appeal," the court said in its decision on May 31.

Attempts to appeal dismissal

Turner was fired in April 2021 by the DHB after she published anti-vaccine content on her personal Facebook page.

Among her anti-vaccine posts include one that read: "Don't do it people, this vaccine is unsafe… Anyone with underlying health issues can get this Chinese flu and have a reaction to the vaccine! You's are not special! They're lying to you!"

The nurse appealed her termination at the Employment Relations Authority (ERA), which sided with DHB saying she was not unjustifiably disadvantaged nor unjustifiably dismissed by her employer.

She then attempted to overturn this decision at the Employment Court, alleging that DHB acted in a discriminatory manner and ignored her rights to privacy and freedom of expression.

But the Employment Court also upheld the ERA's decision, ruling that Turner's anti-vaccine posts were "not covered by any protection against discrimination based on political opinion."

It added that Turner's out-of-work conduct can be "the subject of disciplinary action" as it could negatively impact her employer, such as bringing it into disrepute.

"The posts had the potential to undermine the trust and confidence of the public in the DHB, which is inconsistent with the social media policy and with Ms. Turner's obligations to her employer," the court ruled.

Leave to appeal denied

Turner then tried to raise the matter to the Court of Appeal of New Zealand, but it rejected her leave to appeal saying DHB's actions were in line with the organisation's functions, duties, and powers.

"We do not consider there is a plausible argument that the Employment Court's approach was wrong," the court said.

"Accepting Ms. Turner's argument would mean a public service employer could not discipline members of staff claiming the right to express opinions directly contrary to the employer's policies and critical of racial or ethnic groups."

As a result of the ruling, Turner may need to pay the DHB, now the Te Whatu Ora, $20,000.