(Social Law Chamber, Supreme Court, May 6 2015, n°14-10781)
An employee posted statements on a website to report that one of his colleagues had been dismissed by his employer after asking to apply the French Labor Law provisions within the company and that he had been threatened and blackmailed by his manager during internal meetings.
The employer considered that his employee had abused his freedom of speech and dismissed him for serious misconduct. The employee challenged his dismissal in court.
The French Supreme Court ruled that the dismissal was unfair as the employee did not abuse his freedom of speech. The court considered that he was right to post comments on this website in such a conflicting situation, taking into consideration that it was a nearly confidential website (as it was accessible only to members who had a membership subscription) and the words used were not offensive nor vexatious.