There are so many communication tools in the workplace nowadays, with WhatsApp groups, Slack, Dingtalk and many more. Apparently, these applications are supposed to ease communication and increase productivity. 

On the contrary, there are reports saying that these apps actually harm productivity and communication. After all, too much of a good thing can be a bad thing.

So what do employees usually do when they feel that these applications are bothering them a little too much?

They have a few options, such as muting the notifications. There are some who chose to quit the group chat, but that could land them in hot water.

Fired for Quitting the Company's WhatsApp Group

That got your attention, yes? There's a recent case at the Industrial Court where an employee was dismissed for quitting the company's WhatsApp group without their superior's permission.

In the case of Thilagavathy A/P Arunasalam v Maxis Mobile Sdn Bhd (Award No. 1050 of 2019, 27 March 2019), the employee filed a complaint of unfair dismissal.

Here are some facts that lead to the dismissal:

• The Employee worked as an Executive Sales & Services in the Company. It was a standard Company practice to create WhatsApp Groups to ease communication among employees.

• At the time of the Employee's employment, the Head of Branch created two WhatsApp groups: one for all employees & another which included Managers and Supervisors.

• The Head of Branch notified all his employees that they will have to inform him if they wish to exit the WhatsApp Group

• The Employee quitted the WhatsApp Group without permission and was warned not to repeat again.

• Despite the warning, the Employee sent a message saying that she would quit the WhatsApp group during her holiday and exited the WhatsApp Group afterwards.

• When the Employee was questioned about her exit from the WhatsApp Group without permission, she replied that she did not know that permission was needed and her exit was not a breach of Company policy.

• At the same time, the Employee had failed to submit her sales and service reports on time, despite repeated reminders.

• As a result of the above, the Company dismissed her. 

• This led her to file a claim of unfair dismissal.

Any trade dispute which is not resolved through conciliation may be referred to the Industrial Court by the Honourable Minister of Human Resources.

What does the Court say?

• The Employee was aware that WhatsApp was used as the official communication tool and knew that she needed permission from the Head of Branch before quitting the WhatsApp group.

• Therefore, her action in exiting the WhatsApp Group without informing her superior was a misconduct since it violated the express instructions of her superior.

• Since she refused to follow the Head of Department's instructions, the Court found that she was in breach of her terms of employment with the Company.

• In search of an appropriate sentence for the Employee, the Court had to consider the past record as a relevant consideration. 

• The evidence cited during the trial showed that the Employee was also facing other performance problems such as failing to submit her sales and service report on time, even after she was repeatedly asked to do so by her supervisor.

• She had a disciplinary record, including receiving a warning in the past for quitting the WhatsApp Group without permission. She had also previously sent harsh and rude messages to her superior.

• The Court found that the Employee's insubordination and disobedience to her superiors justified a dismissal since she breached the implied duty of mutual respect and also caused disruptions to the teamwork and cooperation at the workplace.

• As such, the Industrial Court dismissed her claim for unfair dismissal.

Summary

It may seem not much of a big deal to quit your company's WhatsApp Group. But, if your company uses WhatsApp as the official communication tool and sends explicit instructions about the WhatsApp group, it is wise to abide by the company's instruction. 

If not, your action could be a form of misconduct that could get you fired. Basically, it is not for the employee to ignore or disobey their employer's lawful instructions on the principle that the instructions are not practical, reasonable or efficient.

In the case above, the Industrial Court also took into account the employee's past record. The Court considered factors such as the employee's attitude and language, as well as repeated acts of defiance or the refusal to cooperate with superiors. 

On that account, even a 'simple' act of quitting a group chat could get an employee dismissed when all circumstances are taken as a whole.

Technology, it has its advantages and disadvantages.

A piece of advice to employees

Employees should respect their superiors' authority and comply with their employers' lawful instructions. 

The employee cannot decide the reasonableness of the instructions, otherwise, it would impossible for any employer to manage their workforce. In the above case, the Industrial Court observed:

 “The Company… [is] entitled to give all reasonable and legal directions regarding the manner in which the work of the establishment should be conducted and if their directions are flouted and workers such as the Claimant behave in an insubordinate manner, then the proper functioning of the establishment becomes impossible, and therefore such obedience or insubordinate behaviour is a serious misconduct…”

Sources: 

Donovan & Ho

ZUL RAFIQUE & partners

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