The Court of Bergamo, with judgement No. 684 dated 14 September 2016, ruled unlawful to dismiss an employee for having published a photograph on Facebook depicting the employee bracing a firearm. According to the Court, in this case, the employee’s conduct, even if reprehensible, was not serious enough to “debase (…) the fiduciary relationship with the employer”, since the photograph was published on a social network accessible to everyone and, therefore, it would be equivalent to make public statements without specific reference to individuals or groups. It follows that the conduct may not be significant enough to affect work performance. Essentially, in the opinion of the Court, if the purpose of the photograph is not of a threatening nature or such to generate collective apprehension, dismissal cannot be ordered. At most, after a practical analysis aimed at achieving a balance of interests between freedom of expression and repercussions on the company image, a disciplinary measure may be implemented.
