Allegation against free university: warning for ver.di member!

Allegation against free university: warning for ver.di member!

Berlin, Deutschland - The Labor Court Berlin decided on May 26, 2025 that a warning against a member of the ver.di company group at the Free University of Berlin was illegal. The case refers to an internet -based statement that accused the university, to act in contrary and anti -determination. The call, which also accused the university to promote the right pressure and rise of the AfD, was published by the board of the company group at the end of January 2024.

The employer granted the employee concerned in March 2024 and denounced an injury to honor and a supposed violation of the loyalty and loyalty obligation in the employment relationship. The decision of the labor court that the warning was not justified focused on the balance between the fundamental right to freedom of expression and the interests of the employer. The court emphasized that parts of the contribution contained true factual claims, for example to the delayed payment of tariff pay components.

abuse criticism and freedom of expression

According to a judgment of the Berlin Labor Court of December 5, 2024, freedom of expression is not without limits. In a similar case, a warning was considered justified because the statements were classified as a abuse criticism that aimed at defamation. This judgment emphasizes that employees must remain factual in order to avoid legal consequences, and gives practical tips to avoid conflicts, including internal communication before public criticism.

The current judgment contradicts a parallel case in which another chamber had decided differently. An oral hearing about the appeal in this parallel case is scheduled for July 2, 2025. The employer has appealed against the judgment of the first instance, but an appointment for this has not yet been determined.

implications for the parties concerned

The decision of the labor court could have a significant impact on communication between the Free University of Berlin and its staff. While the court decided in favor of the employee in this case, it makes it clear that not all statements in public are covered by freedom of expression. The balance between individual expression of opinion and the interests of the employer remains a sensitive point.

In summary, the case shows that freedom of expression in the world of work is very important, but can nevertheless be limited by the rights and interests of employers. The need to remain factual and use the internal communication channels could be an important teaching from this judgment for many employees. Free university faces the challenge of promoting a communication culture that offers space for constructive criticism without exceeding the legal limits of freedom of expression.

Further information on the limits of freedom of expression in labor law can also be found at lawyer law firm Wolfratshausen .