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Case report

2016-06-01

Slovenia

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.

Vrhovno sodišče (Supreme Court), 2015-12-08

Summary

2016-06-01

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.

Vrhovno sodišče (Supreme Court), 2015-12-08

Case report

2013-04-10

France

2013/32 Employee not liable to employer for insulting Facebook post (FR)

French law distinguishes between public and non-public insults. A company can only seek damages for being insulted publicly. An insulting post on Facebook or MSN is not necessarily public.

Cour de cassation (French Supreme Court), 2013-04-10

Summary

2013-04-10

2013/32 Employee not liable to employer for insulting Facebook post (FR)

French law distinguishes between public and non-public insults. A company can only seek damages for being insulted publicly. An insulting post on Facebook or MSN is not necessarily public.

Cour de cassation (French Supreme Court), 2013-04-10

Case report

2012-11-06

Europe

2012/49 UK protection against dismissal on grounds of political opinions inadequate (UK)

The European Court of Human Rights (ECtHR) has ruled that an employee dismissed for being a member of the far-right British National Party (BNP) did not have adequate redress under United Kingdom law. The relevant legislation was incompatible with the European Convention on the Protection of Human Rights and Fundamental Freedoms (the ‘Convention’) because it did not provide sufficient protection against dismissal on grounds of their political opinions or affiliations, including extreme views that “offend, shock or disturb”.

European Court of Human Rights (ECtHR), 2012-11-06

Summary

2012-11-06

2012/49 UK protection against dismissal on grounds of political opinions inadequate (UK)

The European Court of Human Rights (ECtHR) has ruled that an employee dismissed for being a member of the far-right British National Party (BNP) did not have adequate redress under United Kingdom law. The relevant legislation was incompatible with the European Convention on the Protection of Human Rights and Fundamental Freedoms (the ‘Convention’) because it did not provide sufficient protection against dismissal on grounds of their political opinions or affiliations, including extreme views that “offend, shock or disturb”.

European Court of Human Rights (ECtHR), 2012-11-06

Case report

2012-03-19

Netherlands

2012/55
Facebook posting not covered by right to free speech (NL)

A Facebook message to one’s ‘friends’ can lead to dismissal.

Rechtbank sector kanton (Lower Court), Arnhem, 2012-03-19

Summary

2012-03-19

2012/55<br /> Facebook posting not covered by right to free speech (NL)

A Facebook message to one’s ‘friends’ can lead to dismissal.

Rechtbank sector kanton (Lower Court), Arnhem, 2012-03-19

Case report

2011-01-18

United Kingdom

2011/44 Dismissal for Using Social Media at Work - Is It Fair? (UK)

The Employment Tribunal dismissed an employee’s claim for unfair dismissal where the employee had made negative comments on Facebook about a customer who subsequently complained to the employer. Whilst the employee had a right to freedom of expression under Article 10 of the European Convention on Human Rights, her employer’s action was justified because of the risk of damage to their reputation. The dismissal fell within the range of reasonable responses available to a reasonable employer.

Employment Appeal Tribunal, 2011-01-18

Summary

2011-01-18

2011/44 Dismissal for Using Social Media at Work - Is It Fair? (UK)

The Employment Tribunal dismissed an employee’s claim for unfair dismissal where the employee had made negative comments on Facebook about a customer who subsequently complained to the employer. Whilst the employee had a right to freedom of expression under Article 10 of the European Convention on Human Rights, her employer’s action was justified because of the risk of damage to their reputation. The dismissal fell within the range of reasonable responses available to a reasonable employer.

Employment Appeal Tribunal, 2011-01-18