Workplace WhatsApp Group Chats and Wrongful Termination | Barnea Jaffa Lande & Co.

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…
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