Unlawful dismissal of employees who posted on Facebook comments against their employers

The Court of Cassation, by judgement No. 13799 dated 31 May 2017, intervened in the case of a dismissal for just cause issued against an employee who had posted on Facebook a few comments against her employer company as well as against her legal representative. In the specific case, the company was ordered at the time of the appeal to reinstate the worker and to pay a compensation equal to the remuneration from the date of dismissal to that of reintegration, but it responded by bringing the case to the Court of Cassation, alleging the non-application of the principle of the new art. 18, Law No. 300/1970, which recognizes reintegration protection only in case the material fact on which the dismissal was based does not exist. The company’s objections were deemed unfounded by the Court of Cassation, which, by recalling previous cases in the matter, stated that: “The non-existence of the disputed fact, referred to in art. 18 of the Workers’ Charter as amended by Law No. 92 dated 2012, art. 1, paragraph 42, includes the possibility that the fact did exist but that such fact be unlawful, therefore (even) in such case, the reintegration protection applies”. According to this principle, posting on Facebook opinions against an employer does not necessarily mean that it is unlawful and thus such to legitimise a dismissal for just cause.