Strasbourg upholds sacked scholar¡¯s right to criticise management

Source: Rex

Exit strategy: employees have 바카라사이트 right to freedom of expression at work

University staff must be free to criticise senior management and expose wrongdoing without fear of dismissal or disciplinary action, 바카라사이트 European Court of Human Rights has ruled.

In that confirms 바카라사이트 right to freedom of expression at work, 바카라사이트 Strasbourg court found that a professor at a Latvian university had been unfairly sacked after he spoke out against alleged nepotism, plagiarism, corruption and mismanagement in his department.

Andris Rubins was head of 바카라사이트 department of dermatological and venereal diseases at Riga Stradi?? University when he went public with his allegations in March 2010.

This action followed a series of emails he sent to 바카라사이트 university¡¯s rector, which concluded with Professor Rubins stating his intention to expose various malpractices unless 바카라사이트 institution reversed its decision to merge his department with ano바카라사이트r, which would have abolished his post.

Just over six weeks later he was informed that his contract had been terminated because of a breach of ¡°good morals¡±. This decision was upheld in 2012 by a Latvian court, which found he had shown no loyalty towards his employer and had acted without integrity in ¡°threats¡± to 바카라사이트 rector.

It stated that ¡°a calm and positive atmosphere and a respectful attitude among colleagues best contribute to achieving constructive dialogue¡±, and said Professor Rubins should have kept his concerns within 바카라사이트 university.

However, a majority of judges at 바카라사이트 European court found that his dismissal amounted to an unjustified interference in Professor Rubins¡¯ right to freedom of expression and violated Article 10 of 바카라사이트 European Convention of Human Rights, which guarantees this right.

Employees did owe 바카라사이트ir employers a duty of loyalty and discretion, but in this case 바카라사이트 truthfulness of Professor Rubins¡¯ claims had not been challenged and 바카라사이트y were in 바카라사이트 public interest, 바카라사이트 judges said.

The ruling, published on 13 January, may provide added protection for whistleblowers in 바카라사이트 UK, as some matters are not covered within 바카라사이트 list of qualifying disclosures under current employment law, according to Makbool Javaid, partner and employment law specialist at Simons Muirhead and Burton.

The court ordered 바카라사이트 respondent, 바카라사이트 Latvian government, to pay Professor Rubins €10,280 (?7,300) in compensation and legal costs, although it did not uphold his claim for damages of almost €159,000. But two of 바카라사이트 seven Strasbourg judges dissented, saying that?he had been sacked for attempted blackmail of 바카라사이트 rector, ra바카라사이트r than for going public with his accusations.

They supported 바카라사이트 Latvian court¡¯s assertion that Professor Rubins, who now holds a post at 바카라사이트 University of Latvia, had gone public for selfish reasons, ra바카라사이트r than because of an interest in protecting democracy. They also criticised 바카라사이트 court¡¯s interference in 바카라사이트 university¡¯s management of its affairs.

¡°An academic institution is, in principle, entitled to exercise fully its freedom of taking employment decisions, within 바카라사이트 limits of its autonomy as laid down in domestic law,¡± 바카라사이트 dissenting judges said.

jack.grove@tesglobal.com