Introduction
Social media has become part of everyday life, including work life. But what if an employee speaks out online about sensitive political issues? Where is the line between freedom of expression and the interests of the employer? A recent ruling by the subdistrict court in Rotterdam indicates whether dismissal is permissible. This blog discusses this case and explains what it means for both employers and employees.
The case: social media message leads to dismissal request
A senior sales specialist at a Rotterdam company posted a LinkedIn post about the conflict between Israel and Hamas. The employee had a one-year contract and published the post on her personal profile. The employer asked her to delete the post, which she did.
Shortly thereafter, the employee responded to a LinkedIn post from someone in the same industry, asking this person for proof of Hamas misdeeds. The employer found this inappropriate and saw in it a repetition of behavior. The employer then started proceedings with the subdistrict court to have the employment contract terminated for serious culpable conduct.
Freedom of expression as a starting point
In his ruling, the judge emphasized that freedom of expression is a fundamental right, including within the employment relationship. Political views may be shared on personal social media channels as long as it does not result in concrete harm to the employer.
Moreover, the employee had immediately complied with the request to remove the first post. The reaction to another post was not insulting or inflammatory and, according to the judge, had no direct negative impact on the organization. Therefore, the subdistrict court ruled that there was no serious culpability on the part of the employee.
Termination of employment contract without fault of employee
Although the judge agreed to terminate the employment contract (in part because both parties wanted it), the request to do so based on culpability on the part of the employee was denied. Instead, it was determined that the employer had acted negligently.
The employee was awarded transitional compensation as well as fair compensation of over €12,500, because the employer had proceeded too quickly and unjustly to dismiss her. The employer had also wrongfully discontinued salary payments, which was taken into serious consideration.
What does this mean for employers and employees?
This case makes clear that within the limits of the law, employees have relatively wide latitude to express their opinions online. Employers may not simply attach disciplinary consequences to this unless:
- the expression is directly harmful to the company;
- the employee fails to comply with previously made agreements or warnings;
- Whether there is insult, discrimination or threat.
At the same time, employees should be aware of the public nature of social media and the fact that messages, even if they are meant to be personal, can affect their professional position.
For employers, always take the time to carefully analyze the situation, involve HR or legal support, and ensure a balanced consideration of interests before proceeding with dismissal.
Conclusion
Freedom of expression is a protected fundamental right, including within the working relationship. Statements on social media about sensitive topics should not lead to dismissal just like that. Employers should act with restraint and care, and employees should take responsibility when sharing their views online. This ruling underscores the importance of mutual understanding and nuance in times when social issues increasingly reach the digital workplace.
This blog was written by mr. Stijn Blom, employment lawyer at Arbeidsadvocaat.nl B.V. Stijn has extensive experience in employment law and supports entrepreneurs and employees on a daily basis with a variety of employment law issues. From dismissal cases to drafting watertight contracts and regulations - with his practical and personal approach, he helps employers and employees move forward. Want to know more? Visit Stijn's page.
Arbeidsadvocaat.nl is happy to think with you if you have questions about severance arrangements. Please feel free to contact us .
April 2025
