Imprudent Facebook Post May Lead To Dismissal

An employee was dismissed with immediate effect because he had published in-house information on his Facebook account. In the current decision on this case, the Austrian Supreme Court ("OGH") confirmed that indiscrete Facebook posts may justify a dismissal (Decision by the Supreme Court, dated 27.11.2014, 9 ObA 111/14k).

Cause of action

The plaintiff was employed with the defendant – a bank – as head cashier. In connection with the unsolved disappearance of the amount of EUR 15,000 at the defendant's site the employer terminated his employment by giving ordinary notice and put him on garden leave. During the garden leave, the plaintiff was informed by his neighbors about rumours according to which he had embezzled money and was therefore dismissed by the defendant. In order to explain himself, the plaintiff informed his neighbors in detail about the disappearance of the aforementioned amount at the defendant bank, and also pointed out his innocence. In addition,