HomeEconomyFired for an emoticon posted on Facebook, she obtains her dismissal annulled...

Fired for an emoticon posted on Facebook, she obtains her dismissal annulled in court

The employee reacted with a “solidarity” emoticon to a Facebook post by a former employee that denigrated her employer.

The administrative court of Besançon annulled the authorization of dismissal of an employee accused by her management of having reacted with an emoticon to a defamatory publication on social networks, the court reported on Tuesday.

Dismissed for serious misconduct in December 2022 after her “support” for a publication published on Facebook, as well as for “degrading comments” about her employer to other employees of Ages et Vie Gestion, a company specialized in welcoming the elderly, the person responsible quality requested the annulment of this decision. At the end of 2022, the employee reacted with the “solidarity” emoticon (a character hugging a heart) to a post by a former employee, who accused the company of a lack of kindness towards older people.

A reaction “contrary to the interest of society”

A sign of support synonymous with an act “contrary to the interest of the company”, according to its management, which then pronounced the dismissal of the quality manager, before presenting a request for authorization of dismissal to a labor inspector, validated at the beginning. of 2023.

Asserting her right to free speech, the employee took legal action, arguing that her actions were not of “sufficient severity” to justify dismissal. Published on a private Facebook account, the employee’s reaction “was little publicized”, especially because the accused “was not identifiable” as an employee of the company, confirmed the administrative court of Besançon. The dismissal authorization was thus canceled on October 17 and the State will pay the plaintiff an amount of 1,500 euros.

Author: PL with AFP
Source: BFM TV

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