Dealing with Union Members' Misconduct: Can We Act Beyond a Defamation Suit?

Addressing Misconduct and Defamation by Union Members

Four employees were dismissed from the company for their grave misconduct. They are office bearers of a trade union. Now, they are maligning the HR Head by posting nasty messages on Facebook. Is there any provision to take action under the Trade Union Act apart from filing a defamation suit against them?

Regards

Dear Khaleel Saudagar,

The major issue found in your post is the maligning of the HR Head's image on social media by the terminated employees. However, this activity has nothing to do with the Trade Union Act and must be handled separately. The HR Head may consult the company's legal team, as they are the right people to guide him.

Since the HR Head's image is tarnished on social media, it does not mean it is his personal problem. For the misconduct committed by the office bearers of the trade union, he used his positional power to enforce discipline in the company. Though the terminated employees are personally targeting him, the company should take up this matter on his behalf. It is not his problem, but the company's. Therefore, the legal team of the company cannot remain a mute spectator to the maligning game being played by a few unscrupulous ex-employees.

Options for Legal Action

Your company has two options. The first one is to take legal action. The legal team may file a police complaint, allowing the police to pursue this case. If this option is exercised, the complaint will be between the company and the ex-employees, helping to keep the HR Head out of the litigation. In the future, he may quit the company or even retire, but the case could continue.

Nevertheless, in India, court cases move at a slow pace, and filing a suit is a headache in itself. Therefore, the second option is to wait for a while and see if the terminated employees cool down. Right now, they are reacting. Every reaction need not be retaliated with a reaction from our side. Give them some time to subside their anger, and possibly they may mend their ways. However, if they persist with their wayward behavior, then the option of filing a police complaint can very well be exercised.

Challenges in Dealing with Labor Unions

Dealing with the members of a labor union is always a challenge, especially for the office-bearers. Nevertheless, the HR Head rose to the occasion and, by initiating disciplinary action, has shown firmness to institute a culture of discipline in the company. Now it is time for the company to rise to the occasion and show firmness of equal measure by backing him. He cannot be left alone to fend for himself.

By the way, coming to the post itself. Are you the HR Head in question but have written the post as a third party? Whether you have written on behalf of the HR Head or otherwise, the noteworthy factor is the requirement to raise a post on the public forum. Generally, the people who accept the position of the HR Head in a unionized company are seasoned ones. They cut their teeth while dealing with labor unions during the early stage of their career. In your company, has the HR Head not acquired competence through trial and experience of dealing with labor unions?

Thanks,

Dinesh Divekar

Addressing Defamation on Social Media

You can also take up the issue with the respective social media platform for misusing their platform to defame and denigrate an official of the company and seek to block their access.

Understanding the Trade Union Act 1923

The immunity provided in the Trade Union Act 1923 is only for genuine trade union activities in furtherance of the union objectives and not for personal vendetta. So, a case of defamation would lie. There is no provision in the Trade Union Act for the Registrar of Trade Unions to take cognizance of any deliberate misuse of the registration granted; however, you may consider making a complaint to the Registrar to deregister the union for the alleged acts, for whatever worth it is, but it will surely put them in a defensive mode.

Once an employee is terminated for any reason, the scope of initiating action under service rules or labor laws comes to an end. It is true that the terminated employee has the option to file a case against the employer if they challenge their termination. However, you cannot make a former employee follow the protocols of the company. Therefore, the only remedy available is filing a complaint against those who have posted defamatory messages on social media, following the provisions of IT Acts. This can be done not as an HR Head but in a personal capacity. Of course, the HR Head can use their company designation to strengthen or prove the hostility that the posters have towards them.

Now, these people are ex-employees. The legal department of your company can decide whether to ignore or take suitable legal action. The legal department can issue a "cease and desist" letter to these individuals, warning of potential legal action in the future for such campaigns. Clarification can be provided if necessary to explain the entire situation, especially if the affected parties are simply defaming or creating a nuisance through false or twisted presentations of facts.

Dear Khaleel,

I completely agree with Mr. Dinesh Divekar's views. Nowadays, people are very active on social media, and the only option available to corporates is to file defamation suits—civil or criminal.

Defamation suits as a solution

To stop this nuisance on social media, the only alternative available to the company is to file individual criminal defamation suits against these ex-employees. If you believe that the union's office bearers—President/General Secretary, Vice President, etc., have instigated them to put such posts, then a case should also be filed against such office bearers. If you google, you will find a few case laws on this subject.

Collecting evidence

Before taking this step, collect all the screenshots of their Facebook postings with their name, photo, time of postings, and the content that was posted should appear along with likes or comments made by others and take color printouts. This should be done secretly because if they come to know about the actions, they will delete their posts, and you will not have any proof.

Filing a police complaint

You should immediately lodge a police complaint along with the screenshots of the messages against these ex-employees and any union office bearers, and then proceed with criminal defamation suits.

Disciplinary actions against current employees

If any of your employees have made derogatory comments on such posts or liked their posts, then you are free to take strict disciplinary actions against those employees as well.

The moment the criminal defamation case comes up for a hearing, the court can direct them to stop such postings on social media.