Social networks: the duty of restraint concerns all public service employees

A councilor for social and vocational integration hired by a local mission is made available to a municipality to carry out his duties under the second chance scheme. His employer dismisses him for serious misconduct for posting comments on his Facebook account, which is accessible to everyone, that are incompatible with the exercise of his mission. Indeed, on social media, the employee openly criticizes the government and some political parties. He also expresses a virulent religious proselytizing. The Cour d’appel d’Aix-en-Provence held that dismissal to be null and void and declared that the employee had been reinstated. Outside of his work, a public service employee with freedom of expression can freely criticize the state. It also has the right to express political opinions.

The Court of Cassation quashes and quashes the judgment of the Court of Appeal. It points out that any employee working on a public service mission is required, even outside his service, to have a duty of restraint. He must refrain from expressing an opinion which would bring the public service which employs him into disrepute.