In a significant decision, the Kerala High Court ruled that employees have the right to express safety concerns about their workplace in private WhatsApp groups without facing disciplinary action. The court emphasized that penalizing such actions would infringe upon the constitutional right to freedom of speech and expression under Article 19(1)(a).
On June 18, Justice Satish Ninan reviewed the case of a technician from Fertilisers and Chemicals Travancore Ltd (FACT), who had posted concerns about the handling of ammonia in a private WhatsApp group comprising company technicians. The company had suspended the technician on July 31, 2019, citing charges of spreading false information and unauthorized entry into a restricted area.
While the technician admitted to sharing the posts and expressed regret, the company accepted his apology but later issued a formal warning. Concerned that this warning could impact his career, the technician sought judicial intervention. His counsel argued that no formal inquiry had been conducted prior to the disciplinary action.
The Court found that the private nature of the WhatsApp group and the content of the messages did not warrant disciplinary charges. Justice Ninan stated, “The ‘WhatsApp’ group was a private one, within the technicians of the Company. The mere expression of concern on safety cannot attract the charge in the nature as levelled against him.”
However, the Court upheld the company’s decision to issue a warning for the unauthorized entry, noting that the technician had admitted to this charge, which breached safety protocols.
In its decision, the Court underscored the necessity of a formal inquiry before imposing any disciplinary measures and reaffirmed the employee’s right to discuss workplace safety concerns in private forums. The judgment sets a precedent in balancing workplace regulations with employees’ fundamental rights.
