2024 LLR WEB 22 (BOMBAY HIGH COURT)
Termination of employee for making defamatory posts against the company on social media is valid

MODEL STANDING ORDERS - Clauses 24(d), 24(k) & 24(l) - Termination - Misconduct - Respondent-workman terminated from service due to misconduct - Labour Court concluded that Enquiry conducted was illegal - High Court Held, posting of such posts on the Facebook account and the comments received thereto are clearly an act of inciting hated and passion against the management - Clear from evidence two Facebook posts were indeed posted by Respondent - Such act clearly invoked hatred and passion to commit overt act - Misconduct committed by Respondent covered under clauses 24(d), 24(k) and 24(l) of Orders - Regulation of behavior of workman essential for peaceful conduct of industrial activity - Merely because no incident has taken place cannot be a ground for discharging - Impugned order not sustainable - Enquiry conducted against Respondent fair and proper - Petition allowed.[ Paras: 13, 14, 16, 17, 19, 21, 22]... subscribe to read more..