ECJ 12 December 2024, case C-680/22 P (DD v FRA), Freedom of expression

DD – v – European Union Agency for Fundamental Rights (FRA), EU case

ECtHR 3 September 2020, application no. 57462/19 (Mahi), Freedom of Expression

It was not contrary to Article 10 of the Charter to disciplinary transfer an Islamic teacher to another school 50 kilometres away, for sending an open letter concerning inter alia the Charlie Hebdo attacks in January 2015. His remarks were incompatible with the duty of discretion incumbent upon him as a teacher.

ECtHR 3 September 2020, application no. 57462/19 (Mahi), Freedom of Expression

It was not contrary to Article 10 of the Charter to disciplinary transfer an Islamic teacher to another school 50 kilometres away, for sending an open letter concerning inter alia the Charlie Hebdo attacks in January 2015. His remarks were incompatible with the duty of discretion incumbent upon him as a teacher.

2018/4 Racist “liking” on Facebook may justify dismissal for serious misconduct (BE)

Racist ‘liking’ on Facebook may justify dismissal for serious misconduct, says the Labour Court of Liège in a decision of 24 March 2017. This case is interesting because, to the author’s knowledge, it is the first time that a simple ‘like’ (as opposed to a proper comment) on Facebook is assessed by a Belgian judge with a view to validate a dismissal for serious misconduct. This case also raises serious questions about the limits to the freedom of expression in social media.

2018/4 Racist “liking” on Facebook may justify dismissal for serious misconduct (BE)

Racist ‘liking’ on Facebook may justify dismissal for serious misconduct, says the Labour Court of Liège in a decision of 24 March 2017. This case is interesting because, to the author’s knowledge, it is the first time that a simple ‘like’ (as opposed to a proper comment) on Facebook is assessed by a Belgian judge with a view to validate a dismissal for serious misconduct. This case also raises serious questions about the limits to the freedom of expression in social media.

ECtHR 27 February 2018, application no. 1085/10, Unfair dismissal, Freedom of expression

Dismissal after re-instatement of employment following an ECtHR judgment found an infringement of freedom of speech.

Guja – v – The Republic of Moldova (No. 2), Moldavian case

ECtHR 27 February 2018, application no. 1085/10, Unfair dismissal, Freedom of expression

Dismissal after re-instatement of employment following an ECtHR judgment found an infringement of freedom of speech.

Guja – v – The Republic of Moldova (No. 2), Moldavian case

ECtHR 28 March 2017, application no. 51706/11, Freedom of expression

The employer had summarily dismissed the director of the company, on the basis that it had the right to protect its reputation and business interests against the criticisms she made in the media. What it failed to take into account was that she was simply responding to earlier criticisms by the employer in the media of her leadership. The expectation that the employee should not respond in the media would overstretch the employees’ duty of loyalty, contrary to Article 10 of the Convention – whereby the right to freedom of expression would protect against unreasonable demands of loyalty by the employer. On the facts, what the employee did was legitimate and within her right to freedom of expression.

ECtHR 28 March 2017, application no. 51706/11, Freedom of expression

The employer had summarily dismissed the director of the company, on the basis that it had the right to protect its reputation and business interests against the criticisms she made in the media. What it failed to take into account was that she was simply responding to earlier criticisms by the employer in the media of her leadership. The expectation that the employee should not respond in the media would overstretch the employees’ duty of loyalty, contrary to Article 10 of the Convention – whereby the right to freedom of expression would protect against unreasonable demands of loyalty by the employer. On the facts, what the employee did was legitimate and within her right to freedom of expression.

2016/31 Supreme Court: employer cannot dismiss employee for exercising freedom of speech (SL)

The employee, a public servant, criticised her employer’s director in an email that she sent all of her co-workers. The email made its way into a newspaper. She was dismissed. She challenged her dismissal successfully: the Supreme Court, weighing the employee’s right to freedom of speech against the employer’s right to protect its reputation and business interests, held the dismissal to be unfounded.