Footballer Anwar El Ghazi was dismissed without notice due to several pro-Palestinian Instagram posts following the Hamas terrorist attack on Israel on October 7, 2023. In its ruling of July 12, 2024, case no. 10 Ca 1411/23, the Mainz Labour Court (ArbG) had already declared the dismissal without notice invalid. The appeal lodged by the Mainz 05 soccer club was unsuccessful. The Rhineland-Palatinate Higher Labor Court (LAG) has now confirmed the decision (LAG Rhineland-Palatinate, judgment of November 12, 2025, Ref.: 3 SLa 254/24).
LAG sees priority of freedom of expression
In the opinion of the LAG, the footballer’s freedom of expression outweighed the interests of the soccer club in this case. On the basis of an objective standard of values, the post was still covered by Article 5 (1) of the Basic Law and the balance of interests was to the disadvantage of the employer. In particular, the player had neither condoned the terror of Hamas nor denied Israel’s right to exist. The termination without notice declared in accordance with Section 626 (1) BGB was therefore unjustified and consequently invalid. The employment relationship had therefore not been terminated by the employer.
Background to the case
The Dutch footballer Anwar El Ghazi had been under contract with Mainz 05 since 2023. After the Hamas terrorist attack on Israel on October 7, 2023, El Ghazi published several Instagram posts, including the controversial slogan “From the River to the Sea”. Mainz 05 initially suspended the player and eventually dismissed him without notice. El Ghazi took legal action against the dismissal and claimed outstanding salary payments.
Significance for employers
The decision shows that political statements made by employees on social media do not automatically justify termination without notice. Employers must carefully weigh up the interests in each individual case. The decisive factor is whether the statement still falls within the scope of protection of freedom of expression and whether it has a direct operational impact.
You can find out more about termination without notice from the employer’s perspective in our article Termination from the employer’s perspective.
Can political posts on social media lead to dismissal?
In principle, yes, if the statement significantly disturbs the peace at work or causes lasting damage to the employer’s reputation. However, the freedom of expression under Art. 5 Para. 1 GG sets strict limits. Dismissal can only be considered if the balance of interests is in favor of the employer.
Does the employer have to issue a warning before dismissal?
As a rule, yes. A warning is generally required in the case of dismissal for conduct-related reasons. Termination without notice without prior warning may only be justified in the event of particularly serious breaches of duty.
What does the ruling mean for employers in professional sport?
Employers – including soccer clubs – must carefully consider political statements made by their players. A suspension followed by an offer of talks is usually the safer option than immediate dismissal without notice.
