European Employment Law Cases

Case Reports

2018/4 Racist “liking” on Facebook may justify dismissal for serious misconduct (BE)

Keywords Freedom of expression, Unfair dismissal
Authors Gautier Busschaert
Author's information

322822 Gautier Busschaert
Gautier Busschaert is an attorney at Van Olmen & Wynant in Brussels, www.vow.be.
  • Abstract

      Racist ‘liking’ on Facebook may justify dismissal for serious misconduct, says the Labour Court of Liège in a decision of 24 March 2017. This case is interesting because, to the author’s knowledge, it is the first time that a simple ‘like’ (as opposed to a proper comment) on Facebook is assessed by a Belgian judge with a view to validate a dismissal for serious misconduct. This case also raises serious questions about the limits to the freedom of expression in social media.

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