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.

2018/5 Evidence from long-term keylogger surveillance cannot be used in a dismissal lawsuit (GE)

The German federal court for labour law matters, the Bundesarbeitsgericht (the ‘BAG’), has held that evidence cannot be used in a dismissal lawsuit if the employer has obtained it from long-term surveillance using keylogger-software. Employers must not keep their employees under constant surveillance and must therefore expect their legal position to be weak if they try to dismiss an employee based on findings from such monitoring. The court ruling preceded the ECtHR Barbulescu ruling of 5 September 2017 (featured in EELC 2017/4) in a similar case.

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.

2018/5 Evidence from long-term keylogger surveillance cannot be used in a dismissal lawsuit (GE)

The German federal court for labour law matters, the Bundesarbeitsgericht (the ‘BAG’), has held that evidence cannot be used in a dismissal lawsuit if the employer has obtained it from long-term surveillance using keylogger-software. Employers must not keep their employees under constant surveillance and must therefore expect their legal position to be weak if they try to dismiss an employee based on findings from such monitoring. The court ruling preceded the ECtHR Barbulescu ruling of 5 September 2017 (featured in EELC 2017/4) in a similar 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 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 9 January 2018, application nos. 1874/13 and 8567/13, Fundamental rights, Privacy

The Spanish courts breached Article 8 of the Convention on Human Rights by accepting covert footage as valid evidence in court.

Lopez Ribalda – v – Spain, Spanish case

ECtHR 9 January 2018, application nos. 1874/13 and 8567/13, Fundamental rights, Privacy

The Spanish courts breached Article 8 of the Convention on Human Rights by accepting covert footage as valid evidence in court.

Lopez Ribalda – v – Spain, Spanish case

ECtHR 23 January 2018, application no. 60392/08, Unfair dismissal, Other fundamental rights

The Turkish Supreme Administrative Court cast doubt on a dismissed police officer’s innocence by failing, in an appeal review, to take proper account of the fact that he had been acquitted of rape, in breach of the presumption of innocence contained in Article 6 §2 of the European Convention on Human Rights.

Seven – v – Turkey, Turkish case

ECtHR 23 January 2018, application no. 60392/08, Unfair dismissal, Other fundamental rights

The Turkish Supreme Administrative Court cast doubt on a dismissed police officer’s innocence by failing, in an appeal review, to take proper account of the fact that he had been acquitted of rape, in breach of the presumption of innocence contained in Article 6 §2 of the European Convention on Human Rights.

Seven – v – Turkey, Turkish case