06/03/2026
When Workplace Decisions Move to WhatsApp: A Lesson from the ELRC
A recent decision of the Employment & Labour Relations Court has sparked an important conversation for employers, HR professionals, and corporate leaders.
The Court signalled that removing an employee from an official workplace WhatsApp group where that platform functions as a channel for operational communication may constitute evidence of termination or constructive dismissal.
This reflects a broader legal reality. The modern workplace is no longer confined to the office.
Digital platforms such as WhatsApp and internal messaging systems have effectively become extensions of the workplace itself.
Where instructions, reporting lines, and operational coordination occur within these platforms, excluding an employee from them can amount to functional exclusion from the workplace.
But employment law remains clear.
Under the Employment Act, 2007, termination must be grounded on:
a. A valid and fair reason
b. A fair procedure, including notice and an opportunity to be heard
Digital actions however convenient cannot substitute statutory due process.
For organisations, this decision carries an important governance message.
Human resource management must keep pace with technological realities, but legal compliance must remain at the centre of every decision.
Increasingly, we are seeing disputes emerge not from formal letters of dismissal, but from digital workplace conduct removed access, blocked communication channels, or exclusion from operational systems.
These seemingly informal actions can carry significant legal consequences.
At S&K Advocates, we continue to advise organisations, HR departments, and corporate leaders on navigating the evolving intersection between employment law, technology, and workplace governance ensuring that operational decisions remain both effective and legally compliant.
The workplace may be changing, but the rule of law remains constant.
