Constitutional Court doctrine and Supreme Court jurisprudence on freedom of expression and dismissal of workers

Abstract

The doctrine of the Constitutional Court and the jurisprudence of the Supreme Court in matters of freedom of expression and dismissal of workers have established a fundamental regulatory framework that protects fundamental rights in the workplace: firstly, the Constitutional Court has recognized that freedom of expression is a fundamental right that not only applies in the public sphere but also extends to the work environment, provided that the expression does not seriously affect contractual good faith; and secondly, the case law of the Supreme Court has emphasized that the dismissal of an employee for exercising his right to free speech can be considered null and void if it is determined that such dismissal is disproportionate, in addition to having established that the justification for the dismissal must be rigorously analysed, considering the context and content of the statements made by the employee. In conclusion, both the Constitutional Court and the Supreme Court have struck a balance between the rights of workers and the needs of companies, promoting an environment where freedom of expression is respected and, at the same time, coexistence in the workplace is safeguarded.