Is “venting” on a social network a ground for dismissal?
This past March, the High Court of Justice of Extremadura upheld a judgment that had declared as unjustified the dismissal of a worker who had posted on a well-known social network a series of statements against his company and his colleagues for not finding someone to cover for him on the occasion of the death of a relative.
The court considered that the analysis of the alleged conduct entailed a subjective assessment, which should be based on the human factor, the worker’s intention, the aim sought and the surrounding circumstances. The court went on to state that, although the text posted on the social network contained an offensive and unfortunate statement, it was general in nature, given that it did not identify any specific target.
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