It was the first time that Germany’s top labour court has considered whether or not a small WhatsApp group is a protected, safe space for private and confidential exchange. — dpa
ERFURT, Germany: A German court has decided that insulting your employer or colleagues in a private WhatsApp group can potentially lead to dismissal, in a verdict that was the first of its kind.
While group members may be sharing their comments confidentially, when it comes to insulting or racist remarks, secrecy only applies in exceptional cases, the judges decided on Aug 24.
If the insults become public, employees can be fired, Germany’s Labour Court ruled, after weighing a case of a WhatsApp group at airline TUIfly.
The case involved a group of friends and two brothers who worked for TUIfly and shared “blatant insults” that officials were unwilling to reproduce.
Seven colleagues working for the airline exchanged WhatsApp messages over several years, insulting each other and also those not part of the chat. They shared insulting, racist, inhumane and sexist statements and calls for violence, with talk of “punching people in the face”.
Part of their chat history was copied and sent to the works council and personnel manager. The company responded by dismissing the employees.
The top labour court was considering a decision by a lower court that found the group members had a legitimate expectation to confidentiality.
It found that whether chat groups constitute protected, confidential communication depends on the type of messages and the size and composition of the group.
“Is a group chat a kind of fortress, a bulwark, where everything is allowed and there is no need to fear that there could be sanctions under labour law?” asked presiding judge Ulrich Koch.
“The Internet is not a lawless space. Nor is it a bulwark against the outside world,” said the lawyer for TUIfly.
The workers’ lawyer warned that the decision has far-reaching consequences, saying no one could rely on confidentiality any longer. “The secrecy of correspondence is virtually open,” he said.
It was the first time that Germany’s top labour court has considered whether or not a small WhatsApp group is a protected, safe space for private and confidential exchange.
But it may not be the last, as courts are seeing a growing number of disputes involving colleagues and employers in social media. – dpa
