Approximately 100 billion WhatsApp messages are sent every day and South Africans contribute their fair share. In the workplace WhatsApp is often used for both company purposes and by groups of employees for “social” communication.
In a case not to dissimilar to that of Adam Catzavelos, who posted a racial video in a “private” WhatsApp group and was subsequently convicted on criminal charges, several Discovery employees found themselves dismissed for messages circulated in a group.
The group had been formed by the employees for their own purposes as a COVID support group and as such it was not a company platform or medium.
The employees shared messages that discussed what Discovery termed plans to “maliciously shut down the company“. The company alleged the employees had shared information that was “clearly prejudicial to and derogatory of the company” and accused the employees of making false and damaging statements to an external party. A member of the group showed the messages to the company.
This is not the first time WhatsApp has been the downfall of employees. In 2017 FNB dismissed four employees for making racial comments on WhatsApp and via emails.
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In another recent WhatsApp case the High Court found that WhatsApp messages formed a binding contract. A father of several children stated in WhatsApp messages that if he won the lotto he would give each of his children 1 million rand.
As things transpired he had indeed won the lotto and the mother of one of the children approached the court to enforce the contract.
Although overturned on appeal the concept that a contract could be concluded via WhatsApp was not shut down.
Persons interacting via social channels not only have their employment relationship to worry about, but also criminal and defamation elements of our law. The writer and the sharer/s could be held liable. Just by clicking share you could find yourself in hot water and in a more serious situation than Facebook jail
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