MIL OSI Translation. Government of the Republic of France statements from French to English –
Source: Republic of France in French The French Republic has issued the following statement:
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If this information has not been obtained fraudulently, an employer can justify a dismissal by providing evidence from the employee’s private Facebook account. This production must be indispensable and the invasion of privacy proportionate to the end sought.
Employed by a brand of children’s clothing, an employee posted photographs from the brand’s new collection on her Facebook account, limiting its publication to her “friends”.
Informed by one of the recipients of the publication, the employer dismissed the employee for serious misconduct, for non-compliance with her confidentiality obligations.
The employee went to court, invoking respect for private life.
The Court of Appeal ruled that the employer, not having used fraudulent maneuvers to obtain the information, can produce these photographs as evidence. For judges, the production of photographs, although infringing on the employee’s privacy, is essential. And the invasion of privacy is proportionate to the purpose, which is to demonstrate the breach of a confidentiality clause.
The Court of Cassation shares this opinion.
EDITOR’S NOTE: This article is a translation. Apologies should the grammar and / or sentence structure not be perfect.