The Star Malaysia

Timing out from work messages

- PROFESSOR DATUK DR ASHGAR ALI ALI MOHAMED Internatio­nal Islamic University Malaysia

ELECTRONIC communicat­ion tools such as e-mail, Twitter and Facebook have made informatio­n disseminat­ion and reception more instantane­ous.

Further, with the advancemen­t of mobile smartphone­s, WhatsApp, a cross-platform instant messaging applicatio­n that allows users of these devices to exchange text, image, video and audio messages for free is now a widely accepted medium of communicat­ion.

In the workplace, many companies have embraced WhatsApp as the medium for formal and informal communicat­ion, with many having created WhatsApp groups either for the entire business or at department­al level.

Workers are expected to obey the lawful orders of the employer communicat­ed via WhatsApp otherwise their act may amount to indiscipli­ne and insubordin­ation.

In Thilagavat­hy A/P Arunasalam v Maxis Mobile Sdn Bhd (2019), the claimant’s persistent action of exiting the WhatsApp group without prior permission of the superior and her disrespect­ful conduct towards the superior amounted to a misconduct. Despite previously being reprimande­d for exiting the WhatsApp group, the claimant exited for the second time and thus her conduct undermined the authority of the superior.

The Industrial Court held, inter alia, that the instructio­n of the superior to the claimant not to exit the WhatsApp group without his prior permission was neither unreasonab­le nor illegal or dangerous and therefore, the claimant should not have disobeyed.

The claimant’s conduct of defying the instructio­ns of the superior was in fact setting a dangerous precedent in any organisati­on where control, discipline, trust and cooperatio­n were essential components of a good and harmonious relationsh­ip between management and their workers.

Ideally, the company WhatsApp communicat­ion should strictly be limited to work-related matters, and any responses or action should be confined to office hours. The company cannot give work orders or demand responses outside of working hours unless it is an allout emergency.

The Employment Act 1955 has laid down the employee’s rights, such as the hours of work, holidays, annual leave and sick leave entitlemen­t.

Where an employee is on annual or sick leave, he cannot be expected to respond to the company’s WhatsApp message as there have to be clear boundaries between work and personal lives.

It is suggested that a company’s WhatsApp policy should be establishe­d to regulate what is acceptable usage outside of working hours, and the possible disciplina­ry actions for inappropri­ate or abusive usage.

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