Work-related group chats have become all too common in South Africa, with employees and employers able to communicate at a touch of a button even outside of work hours – opening up the possibility of something controversial being said.
But can an employee be dismissed for a WhatsApp message?
According to legal firm Wright Rose-Innes, it is possible to be fired for WhatsApp posts if certain factors are considered and if a fair reason for an employee’s dismissal is established.
In establishing whether there are fair reasons for dismissing an employee for misconduct, the following can be considered:
- Did the employee contravene a rule or standard regulating conduct in the workplace?
- If the rule or standard was contravened, was the rule a valid or reasonable rule or standard?
- Was the employee aware, or should reasonably be expected to have been aware of the rule or standard?
- Was the rule consistently applied by the employer?
- Is dismissal an appropriate sanction for a contravention of the rule or standard?
