Does criticism of an employer justify dismissal?

The court declared the extraordinary termination of a prison psychiatrist’s employment contract unlawful. In case no. 2-18-15106, Tallinn Court of Appeal found that the employer had no basis to terminate the employment contract without a prior warning and awarded compensation to the employee.

NAMM attorney-at-law Nele Tammemäe represented a psychiatrist whose employment contract was extraordinarily terminated due to loss of trust after she had replied to a letter from a prisoner’s representative. The employer alleged that this damaged the institution’s reputation.

The court explained that although the employee had breached some work duties, the breach was not so serious as to justify dismissal without a prior warning. Criticism directed at an employer is not in itself grounds for dismissal. The court established that the termination was void, terminated the employment contract by judgment and awarded the employee compensation of €4,874 together with default interest.

The judgment is important for both employees and employers: extraordinary termination is a measure of last resort, and in most cases the employee must first be warned and given an opportunity to correct their behaviour. The judgment is available here.