Philipp GudertDie kündigungsrechtliche Relevanz von öffentlich geäußerter Kritik am Arbeitgeber

About this book deutschenglish

At a time when freedom of expression is both valued and critically scrutinized, this Dissertation sheds light on a current and controversial topic: the disciplinary relevance of publicly expressed criticism of an employee against their employer.

Content and relevance

The study examines the tension between employees' freedom of expression and their duty of loyalty to their employer. A central topic is the extent to which critical statements made by an employee in public can have disciplinary consequences. Statements made by employees must be considered not only from an employment law perspective, but also from the perspective of the constitutionally guaranteed freedom of expression.

The work analyzes various practical examples from case law, which demonstrate the practical significance of the topic. It highlights how complex and multi-layered the legal assessment can be in individual cases.

The paper examines the relevant legal commentors and case law. It is found that the question of the disciplinary relevance of publicly expressed opinions has often only been dealt with superficially. The Dissertation therefore offers an in-depth study and presents relevant legal standards that have so far been insufficiently examined.

Findings

A central finding is that a public expression of opinion that has a sufficient connection to the employment relationship can have disciplinary consequences. The "triad of protection of fundamental rights" must be observed. A case-by-case examination weighing up the conflicting interests of the employee and employer is essential.

Conclusion

The study is an important contribution to labor law research. It provides valuable insights and approaches. This work helps to better understand the complex legal framework and provides a sound basis for the assessment of dismissal cases in connection with publicly expressed criticism by employees.