Criticism of the employer will not always be a basis for disciplinary termination

The European Court of Human Rights, in its judgment of 20 February 2024 (48340/20 Dede), found that disciplinary dismissal for providing critical information about the actions of a superior is contrary to Article 10 of the Convention for the Protection of Human Rights and Fundamental Freedoms, which deals with freedom of expression.

The dispute arose after a Turkish employee sent an e-mail to a group of employees from the HR department criticising management methods at the workplace. He alleged, among other things, distancing by his supervisor, the use of biased criteria in the recruitment process, favouritism towards certain employees and a lack of action to improve the overall situation. The employer dismissed the employee on disciplinary grounds, as it considered the message to be an infringement of the supervisor’s personal rights and a violation of work order.