64 | Annual Report 2019
2019-18. Criticism on Facebook of speech made
by director of social and employment services
was within the limits to municipal employee’s
freedom of expression
In a post on Facebook, a municipal trainee criticised
a speech made earlier that day by the municipality’s
director of social and employment services during a
staff day. The post included a statement in quotation
marks which could give the impression of being taken
from the director’s speech.
Shortly afterwards, the trainee was summoned to a
disciplinary hearing on the grounds that her post was
disloyal. The municipality found that the quotation
marks gave the impression that the statement was
a direct quotation from the speech – but that the
statement did not represent the content of what the
director of social and employment services had said.
The municipality therefore gave the trainee a written
reprimand.
The Ombudsman stated that, based on the available
information, the statement in the post was not a
verbatim quotation of what the director of social and
employment services had said in his speech. More
specifically, the post left the impression that the director had drawn a more express parallel between the
problems of high unemployment in the municipality
area and child mortality in Africa in his speech than he
appeared to actually have done. For this reason, the
Ombudsman was understanding of the municipality’s
wanting to refute the post.
However, the municipality did not have grounds for
giving the trainee a written reprimand for her post,
which in the Ombudsman’s opinion was within the
limits to public employees’ freedom of expression.
The Ombudsman stated that public employees have
a certain right to express their views in harsh and
polemic terms when participating in the public debate
about their workplace, and that there is room for using
exaggerated expressions to a certain degree as long
as this does not result in statements that are manifestly untrue or unreasonably offensive.
2019-27. Teacher’s comment on Facebook not
unreasonably offensive
In a comment on Facebook, a teacher at a municipal
primary and lower secondary school wrote – via his own
profile – among other things that the school management ‘monitor and victimise people’.
After a disciplinary hearing had been held and the
teacher consulted as a party to the case, the municipality gave the teacher a written warning for his comment on the grounds that it overstepped the limits to
the freedom of expression of public employees.
The Ombudsman took for his basis that the teacher’s
comment reflected specific managerial actions carried out in relation to him, as he had – rightly or wrongly
– perceived these actions.
The Ombudsman stated that public employees are
entitled to express their views in, for instance, harsh or
polemic terms as long as this does not result in statements that are manifestly untrue or unreasonably
offensive, and that there is room for using exaggerated expressions to a certain degree. The Ombudsman
further stated that a management must to a large
extent tolerate public expression of differences between the management’s and employees’ perceptions
of managerial actions.
Based on an overall assessment, the Ombudsman
found that there were not sufficient grounds for considering the teacher’s comment to be unreasonably
offensive.
In addition, the Ombudsman found that the comment
could not – within the meaning of the applicable rules
– be regarded as manifestly untrue.
The Ombudsman therefore found that the comment
was within the limits to the freedom of expression of
public employees and that there was thus no basis for
giving the teacher a disciplinary warning.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents