Heinisch v Germany, App no 28274/08 (ECtHR, 21 October 2011)
This is one of the leading European Court of Human Rights case on the rights of employees to disclose information in the public interest under the rights afforded by Article 10 (freedom of expression) of European Convention on Human Right.
The applicant, a geriatric nurse in a predominantly state-owned care home, was dismissed after bringing a criminal complaint alleging deficiencies in the standard of care provided by her employer. The court considered the balancing act required in considering the sometimes competing ‘rights’ of the parties. In particular, examining the public interest in the protection of the elderly as against the public trust in the provision of services, as well as the commercial interests and success of the company operating those services. The Court found that the Applicant’s dismissal infringed her Article 10 rights and examined the facts using the six criteria set out by the Grand Chamber in the 2008 decision in Guja v. Moldova) to assist in determining the proportionality of the interference. (See link to the Guja case and the six criteria).