ECtHR: Criticizing employer cannot be a reason for dismissal

The European Court of Human Rights (ECtHR) has ruled on the case of a computer engineer who was fired for criticizing his employer.

The engineer, who claimed to have been dismissed following a strongly critical email directed at the manager and company management, took the matter to court after exhausting domestic legal avenues that ruled against him. Having reached the end of legal recourse within Turkey, the engineer brought the case to the ECtHR.

In his application to the ECtHR, the plaintiff acknowledged criticizing the management practices of his boss in a manner inconsistent with modern management approaches but insisted that he did so "without using insulting or rude language."

The ECtHR unanimously concluded the case, recognizing the incident as a fundamental right within the scope of freedom of expression. The court stated, "It is true that the applicant used a mocking tone. However, considering the subject of the email, the context in which it was sent, and the recipients, it is also true that it encouraged a discussion relevant to the company. The Turkish national judges did not consider all relevant facts and factors in determining that the applicant's actions disrupted peace and harmony in the workplace. Criticizing top management cannot be a reason for dismissal or disciplinary action."

The court ordered Turkey to pay the applicant 2,600 euros in moral damages and an additional 1,000 euros for expenses and costs. (RT/VK)