
This is probably a decision that will set a precedent. Indeed, the Supreme Court judges, which is a higher court in our law, to make a decision that will probably have serious consequences. Statements of facts. It was 2014 when a project manager from textile brand Petit Bateau posted photos of the new spring-summer 2015 collection on her Facebook account.
Certainly, These photos are private and their dissemination could harm the company. Therefore, the employee publishes on his personal account, where access to the publications is limited to only a few people. Among his authorized contacts was another Petit Bateau employee. In a hurry to explain everything to management.
Has privacy been violated?
Neither one nor two This project manager’s superiors continue to manually fire him. So the case goes to court for the following reason: The employee cannot be fired for his comments or remarks. Content publishing on private account. Therefore, the employer would have violated his privacy, which would make his decision illegal. In any case, the employee’s entire defense is based on this legal rule.
So the question was to evaluate the quality of the Facebook account. Can we evaluate it as public (employees of competing companies were among the employee’s authorized friends) or private due to its limited nature? The Supreme Court judges decided to rule in a completely different way.
Surprising decision from Supreme Court judges
Certainly for judges with high judicial authority violation of private space, but the dismissal remains validThe “right to proof” requirement. In other words, to make sure that the employee had disclosed confidential information, the Petit Bateau management had no choice but to consult the employee’s personal Facebook account. In fact, and for the judges, The privacy violation here is proportionate to the purpose pursued.
Be ethical, and from now on, be careful about what you say about your company or employer on social networks. Publishing an insult, slander, distributing a confidential document or strategic information on your personal Facebook account could very well end up working against you.
Source : France Information
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