Justin Hattingh, a Senior Legal Advisor at Strata-G Labour Solutions, spoke to Channel Africa on Wednesday about the implications of using WhatsApp in business environments.
Hattingh acknowledged the widespread use of WhatsApp in workplaces, describing it as "quintessential" for communication. “It’s quick and ensures everyone is kept informed, even when sharing important legal documents,” he said. However, this informality can lead to blurred boundaries, making it critical for employees to adopt a professional approach.
While WhatsApp facilitates collaboration, Hattingh warned of its risks.
Casual messages, such as jokes or inappropriate content, could offend others, damage a company’s reputation, or lead to allegations of discrimination. Additionally, conversations can easily be forwarded or shared beyond their intended audience, potentially causing reputational harm.
Employers are also navigating the legal complexities of monitoring WhatsApp groups created for work purposes.
Hattingh explained that organisations have a right to monitor communication on work devices, but this extends to private devices if company policies are breached.
Even personal WhatsApp statuses or messages shared outside work hours can result in disciplinary action if they contravene workplace standards or laws such as hate speech and anti-discrimination regulations.
To mitigate these risks, Hattingh recommended implementing robust social media policies. “Employers must clearly outline acceptable behaviour, the consequences of violations, and ensure staff are aware of these guidelines,” he advised. Such measures not only protect the organisation from claims of vicarious liability but also help employees avoid disciplinary issues.
WhatsApp messages, he noted, can serve as evidence in formal investigations if they are relevant to the matter at hand. Privacy concerns hold little weight when company policies or laws are breached.
“Whether it’s a company WhatsApp group or a personal device, employees are bound by workplace policies and national laws,” Hattingh emphasised.
Despite its challenges, Hattingh believes WhatsApp remains a valuable workplace tool. He urged employees to exercise caution and professionalism while using the platform.
“Adopt strict policies, communicate expectations clearly, and ensure employees align with them. This way, WhatsApp can enhance workplace communication without exposing anyone to unnecessary risks,” he concluded.
--ChannelAfrica--
