Derogatory Comments About Colleagues In Private Chatgroup Can Justify Dismissal

An employee had been dismissed without notice after making strongly insulting, racist, sexist, and violent comments about managers and other colleagues in a private chatgroup consisting of five of his colleagues and a former colleague. The employer found out about this by chance.

While both lower courts had ruled that the dismissal was invalid—in line with previous Federal Labour Court (FCL) case law—the FLC came to a different conclusion. It held that even though the comments were made in a private chatgroup, the employee may not have had a legitimate expectation of confidentiality.

Such an expectation can only be justified if the members of the chatgroup can claim that the communication should be kept confidential on the basis of their rights to privacy. However, this will depend on the size of the chatgroup and the nature of the messages exchanged. In this case, the messages were extremely offensive and inhumane in relation to managers and other colleagues.