Social media criticism: offensive posts can justify dismissal

Dismissal for just cause
Social media criticism and dismissal: when offensive posts go beyond the right to dissent
Court of Cassation, Labour Division

A worker had been dismissed after repeatedly publishing offensive posts and comments about the company on social media, including allegations of unsubstantiated facts. The publications had continued notwithstanding prior disciplinary charges and a court order requiring the removal of the content and the cessation of further defamatory messages. Both the Tribunal and the Court of Appeal found the termination to be lawful.
The Court of Cassation confirmed the decision. The worker’s right to criticise is protected, but must respect precise limits: the facts attributed to the employer must be true, the criticism must serve a legitimate interest, and the language used must remain correct and proportionate. Dissemination via social media requires particular care, as it amplifies the impact of the statements and the reputational harm caused.
In the case examined, the repetition of the messages, their seriously damaging tone, and the failure to comply with the removal order excluded any legitimate exercise of the right to criticise. The dismissal was therefore found to be proportionate.
For companies, the ruling confirms that online conduct may give rise to disciplinary consequences where it exceeds dissent and becomes offensive or defamatory. For workers, the message is clear: even on social media, criticism must be based on verified facts and expressed in respectful terms.