Social Media Utilize During Operate Hours: Grounds for Dismissal

Recent legal rulings are reinforcing employer rights to restrict social media use during work hours, even leading to disciplinary action like dismissal. A case in Catalonia, Spain, highlights the growing legal precedent surrounding employee conduct on platforms like TikTok while on the job, and similar cases are emerging globally.

Catalonian Ruling Upholds Dismissal for TikTok Use

The Superior Court of Justice of Catalonia (TSJCat) recently confirmed the dismissal of a cleaning worker who recorded and published videos on TikTok while working at Escola Sant Martí in Barcelona.¹ The court found the employee’s actions constituted a “very serious offense” due to abuse of trust, violation of contractual good faith, and potential damage to the company’s image.

Details of the Case

The cleaning company, Multiserveis Ndavant SL, had a specific clause in its contract prohibiting mobile phone and headphone use, even in break areas.¹ An external report had already flagged deficiencies in the cleaning quality of the area assigned to the worker. Investigation revealed the employee had published dozens of videos between December 2023 and February 2024, recorded inside the school while in uniform, including dancing in hallways and recording in bathrooms.

Court’s Reasoning

The court emphasized the consistent and periodic nature of the social media activity, directly contradicting the contractual prohibition. The videos clearly identified both the school and the employee’s uniform, potentially harming the company’s reputation.¹ The court rejected the employee’s argument that the dismissal was disproportionate, citing the seriousness and repetition of the offense.

Broader Implications for Employers and Employees

This ruling adds to a growing body of legal precedent concerning social media use during work hours. Key takeaways include:

• Express prohibitions against mobile phone use during work hours can be grounds for disciplinary action, including dismissal.
• Publishing videos or images from the workplace that identify the facility or employee uniforms can damage a company’s image.
• Repeated offenses and negative impacts on work performance can aggravate the situation.

Recent Developments in Ontario, Canada

Similar concerns are playing out in Canada. In March 2025, a judge dismissed motions to dismiss lawsuits brought by 14 Ontario school boards against Meta, Snapchat, and TikTok.²³ These suits allege that social media apps are negatively impacting students’ cognitive development and learning. While these cases focus on the platforms’ impact on students, they underscore the broader concerns about the addictive nature and potential negative consequences of social media use.

five more Ontario school boards and two private schools have joined the legal fight against Facebook, Instagram, TikTok and Snapchat.⁴

Looking Ahead

As social media continues to evolve, legal frameworks surrounding its use in the workplace will likely become more defined. Employers should clearly communicate their policies regarding social media use, and employees should be aware of the potential consequences of violating those policies. The Catalan ruling serves as a clear warning: personal social media activity during work hours can have serious professional repercussions.