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ARTICLE · 03 JANUARY 2013

Insult To The instructor On Facebook

The Higher Labor Court of Hamm decided in its judgment of 10 October 2012 that a trainee was effectively dismissed without notice for good cause since he called his instructor a "slave driver and exploiter".

GermanyEmployment and HR

The Higher Labor Court of Hamm decided in its judgment of 10 October 2012 that a trainee was effectively dismissed without notice for good cause since he called his instructor a "slave driver and exploiter".

The plaintiff, aged 26 years at the receipt of the notice of dismissal, stated on his Facebook profile under the heading "Employer": "slave driver & exploiter", "Bochum serf", "doing stupid bullshit for the minimum wage -20%". After the instructor of the plaintiff had become aware of those entries he gave extraordinary notice of dismissal terminating the apprenticeship. The plaintiff filed an action for protection against dismissal and basically invoked his right to freely express his opinion.

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