In today’s digital age, the boundary between private and professional life is increasingly porous. A question that often arises is whether a WhatsApp status post; something many employees may view as personal, can amount to misconduct serious enough to justify dismissal.
Under Malaysian employment law, the principle is clear: dismissal must be with “just cause or excuse.” This is set out in section 20 of the Industrial Relations Act 1967, which protects employees from arbitrary or unfair termination. For a dismissal to be lawful, two elements must be satisfied: substantive justification and procedural fairness. Substantive justification means there must be a genuine and valid reason such as misconduct, poor performance, or redundancy. Procedural fairness means the employer must follow due process—usually by issuing a show cause letter, conducting a domestic inquiry where appropriate, and giving the employee an opportunity to defend themselves before a final decision is made. Even if misconduct is proven, failure to follow fair procedure may render the dismissal unlawful.
This framework applies equally to cases involving social media or messaging platforms. Posts or videos uploaded to WhatsApp, even as a status visible only to selected contacts, may come to the employer’s attention if they relate to the workplace. If such posts insult the employer, breach confidentiality, or contravene company policies, they may constitute misconduct.
Recently, Kevin Wu & Associates represented the Company in an Industrial Court matter which illustrates this point. In Mohd Razaly bin Abdul Razak v Chuanplus Industries Sdn. Bhd. (Award No. 904 of 2025), the employee, was dismissed after posting a video on his WhatsApp status that had been recorded inside the company’s premises during working hours. The company had already introduced a clear mobile phone policy prohibiting such conduct, and the employee had received prior warning letters for other disciplinary issues. A domestic inquiry was held, during which the employee admitted to uploading the video, although he claimed he did not intend to insult the company and was merely venting his frustrations.
The Court found that although the misconduct; uploading a video on WhatsApp might seem minor on its own, it was in direct breach of a company policy that the employee had acknowledged. When combined with his past disciplinary record, the Court held that the employer was justified in treating the act as serious enough to warrant dismissal. The Court also stressed that even though the domestic inquiry was not perfect, the employee’s right to natural justice had been respected because he was given the opportunity to explain himself before termination. Ultimately, the dismissal was upheld as being with just cause and excuse.
This case demonstrates two important lessons. First, WhatsApp and similar platforms are not “safe zones” where employees can post about their employers without consequence. Posts that undermine trust, violate company rules, or affect workplace harmony may be treated as misconduct. Second, employers must ensure that dismissals are carried out fairly, with proper procedure and documentation. In the Mohd Razaly case, the combination of a clear company policy, prior warnings, a show cause process, and a domestic inquiry strengthened the employer’s position before the Court.
The broader takeaway is that the law recognises both employee rights and employer interests. Employees should exercise caution before posting work-related content online, remembering that what may feel like a private act can have professional consequences. Employers, on the other hand, should implement clear policies on social media use and ensure that disciplinary processes are fair, transparent, and proportionate.
In conclusion, a WhatsApp status post can indeed amount to justifiable grounds for dismissal. What matters is not just the act itself, but the context: whether it breaches company policy, whether prior warnings exist, and whether due process is followed. The Industrial Court will ultimately balance all these factors in deciding whether the dismissal was lawful.
Radhia is a contributor covering legal insights with the aim of keeping legal discourse relevant, accessible, and impactful in today’s changing world. More about Radhia.
This article was contributed and sponsored by Kevin Wu & Associates, a full-service law firm based in Kuala Lumpur with practice areas in corporate, dispute resolution, criminal, family office and company secretarial services. KWA offers preliminary consultation and legal advisory to all Temasek Post readers.
Email: office@kevinwuassociates.com
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