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ARTICLE · 02 OCTOBER 2023

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An Indian 'Right To Vent'?

The High Court of Madras in Madurai has ruled that an employee cannot be dismissed for sending insulting messages about their employer in a private chat group.

IndiaEmployment and HR
I'm having a rubbish day at work. Can I vent over WhatsApp with my colleagues? The High Court of Madras in Madurai has ruled that an employee cannot be dismissed for sending insulting messages about their employer in a private chat group.

The facts of the case

The employee at the centre of the dispute was an office assistant at the Tamil Nadu Grama Bank, as well as a trade union activist. In August 2022, he was suspended from duty by his employer on the grounds that he had sent messages in a private WhatsApp group mocking decisions taken by the bank's managers and belittling his superiors. Though the suspension was stayed by order of the Court, the employer sought to pursue disciplinary action against the employee, which the employee challenged. The employer argued that the messages sent by the employee contravened the Bank's social media code of conduct.

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