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Employee validly dismissed for criticising management on employer chat group

An employee’s constant criticism of management on a chat group created a “combative” work team environment. That, combined with some job performance problems, provided a valid reason to dismiss her.

21 May 2024

Mike Toten

Mike Toten is a freelance writer, editor and media commentator.

Facts of case

The employee was a bar supervisor at a hotel. Management had counselled her about taking work breaks during peak trading times, telling other staff they could also take breaks at inappropriate times, customer complaints about her, arriving late for shifts, and closing the bar without the duty manager’s approval.

The employee agreed that her performance had declined, but attributed it to the recent death of a work colleague. Although she promised to improve and attended some training, other employees reported to management that she had criticised management on a Facebook chat forum, that was used for social contact between employees and to ask employment-related questions. It was claimed that she used language that could incite bad behaviour and negativity by others towards management. She encouraged others to make complaints.

Despite a warning, she continued to use the chat forum to criticise management and removed management employees from a Staff Chat WhatsApp group. Management then dismissed her.

Decision

The Fair Work Commission (FWC) upheld the dismissal. It found that the chat forum was not a “private social” group chat, but one related to employment. The employee had been warned not to use the chat forum to criticise management decisions and performance, and being in a supervisory role herself made the misconduct more serious.

What this means for employers

Employers will be entitled to object to critical comments by employees on social media chat groups if the group site is clearly work-related and used for work purposes, and if that type of use of a site could undermine management of the business. In this case, the site was for employees to contact each other and ask work-related questions.

An employee in a supervisory role is expected to follow the instructions of senior management. To encourage other employees to criticise management in ways that could undermine work team performance and morale can provide a valid reason for dismissal, although in each case the context of events will have to be considered.