Interesting Ruling Regarding Workplace WhatsApp Group Chats and Wrongful Termination

When looking to end employment, an employer must hold a hearing. The hearing process, its administration, employer duties and so on, are not statutory. They are the result of labor court decisions. Case law on the hearing process and related employer duties is constantly evolving.

Another interesting decision on this subject was handed down last month. The Regional Labor Court in Beer Sheva awarded damages to an employee whose employer had removed her from the workplace’s WhatsApp group chat before her pre-termination hearing, and found that her termination process had been carried out unlawfully.

The employee in question was a regional manager for a national chain. After ten months in the position, she was summoned to a pre-termination hearing. One day prior to the hearing, the employer removed the employee from all employee WhatsApp groups with no prior notice and without good reason.

A Minor and Meaningless Measure?

Ostensibly, removing an employee from the workplace’s WhatsApp group is a minor and meaningless measure that does involve more than pressing a button. Even so, timing matters when taking this measure, and in this case, the timing was problematic. According to the Labor Court, removing the employee from the WhatsApp group before the hearing showed that the hearing was only held for the sake of appearances, and that the decision to end employment had been made before the hearing.

Note, that when holding a hearing, employers must be transparent and fair. Employees must be given a genuine opportunity to make their case, and the employer must consider the employee’s claims on their merits. Before the hearing, no measure may be taken that might be construed as the employer having already made the decision to dismiss the employee, even when the action is made in good faith and even when termination is justified.

That said, in unusual or serious cases, removing employees from WhatsApp groups prior to the hearing may be acceptable, for example, if the employee in question had harassed another individual or another serious infraction on the WhatsApp group. However, considering the frequency with which the labor courts update rules on the hearing process, it is recommended to seek legal guidance prior to taking action.

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