The Bavarian Higher Administrative Court recently addressed the issue whether a pregnant employee can be dismissed without notice after having posted a critical statement about a client of the employer. The plaintiff was employed by a security agency in the reception area of a phone company. She had a private phone contract with that company and uttered negatively about this provider via facebook.
The Court held that the statement did not constitute a "special case" which is required by law to justify a dismissal of pregnant employees. It needs to be taken into account that the comment referred to the employee's private contract relationship to the phone company and was still covered by the right of freedom of expression, since it did not constitute abusive criticism. Furthermore it needs to be considered that the comment was posted in a private conversation with the employee's internet-friends.
The lesson? If a pregnant employee utters negatively about an important client of the employer via a private social media account, such statement could only justify a dismissal if it constitutes abusive criticism.
About Fraser Milner Casgrain LLP (FMC)
FMC is one of Canada's leading business and litigation law firms with more than 500 lawyers in six full-service offices located in the country's key business centres. We focus on providing outstanding service and value to our clients, and we strive to excel as a workplace of choice for our people. Regardless of where you choose to do business in Canada, our strong team of professionals possess knowledge and expertise on regional, national and cross-border matters. FMC's well-earned reputation for consistently delivering the highest quality legal services and counsel to our clients is complemented by an ongoing commitment to diversity and inclusion to broaden our insight and perspective on our clients' needs. Visit: www.fmc-law.com
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.