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ECtHR Court Watch

ECtHR 27 February 2018, application no. 1085/10, Unfair dismissal, Freedom of expression

Guja – v – The Republic of Moldova (No. 2), Moldavian case

Journal European Employment Law Cases, Issue 1 2018
Keywords Unfair dismissal, Freedom of expression

    Dismissal after re-instatement of employment following an ECtHR judgment found an infringement of freedom of speech.

ECtHR Court Watch

ECtHR 5 September 2017 (Barbulescu), Application no. 61496/08, Privacy

Barbulescu – v – Romania, Romanian case

Journal European Employment Law Cases, Issue 4 2017
Keywords Fundamental rights, Privacy

    In Barbulescu, the Court examined for the first time a case concerning the monitoring of an employee’s electronic communications by a private employer. The Grand Chamber decided differently from the Chamber, when it concluded that the Romanian courts, in reviewing the decision of a private employer to dismiss an employee after having monitored his electronic communications, failed to strike a fair balance between the interests at stake: namely the employee’s right to respect for his private life and correspondence, on the one hand, and his employer’s right to take measures to ensure the smooth running of the company, on the other.

ECtHR Court Watch

ECtHR 28 March 2017, application no. 51706/11, Freedom of expression

Marunic – v – Croatia, Croatian case

Journal European Employment Law Cases, Issue 2 2017
Keywords Freedom of expression

    The employer had summarily dismissed the director of the company, on the basis that it had the right to protect its reputation and business interests against the criticisms she made in the media. What it failed to take into account was that she was simply responding to earlier criticisms by the employer in the media of her leadership. The expectation that the employee should not respond in the media would overstretch the employees’ duty of loyalty, contrary to Article 10 of the Convention – whereby the right to freedom of expression would protect against unreasonable demands of loyalty by the employer. On the facts, what the employee did was legitimate and within her right to freedom of expression.

ECtHR Court Watch

ECtHR 2 June 2016, application 23646/09. (Geotech), Freedom of Association

Geotech Kancev GmbH – v – Germany, German case

Journal European Employment Law Cases, Issue 3 2016
Keywords Freedom of association

    A company’s obligation to participate in the building industry’s Social Welfare Fund did not breach the company’s right to freedom of association, nor its right to protection of property.

ECtHR Court Watch

ECtHR 12 January 2016, application 61496/08. (Bărbulescu), Fundamental Rights

Bărbulescu –v– Romania, Romanian case

Journal European Employment Law Cases, Issue 1 2016
Keywords Fundamental Rights
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