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As the world continues to evolve in terms of technology, labour relations are becoming increasingly dependent on tools such as WhatsApp. A question then arises: can WhatsApp messages be used in disciplinary proceedings?
Carlos de Oliveira Sarmento, Principal Associate in the Labour practice at CCA Law Firm, comments on this issue in an article for RH Magazine, highlighting the need to understand the legal implications before considering the use of such messages, as it may clash with employees' right to privacy.
Recent Portuguese case law has allowed WhatsApp messages to be used, as long as they are obtained legally and are relevant to the case. For instance, the Lisbon Court of Appeal ruled as lawful the dismissal of an employee who had sent threatening messages to a colleague on the grounds that they had been voluntarily sent by the employee in question.
According to the lawyer “using WhatsApp messages exchanged between employees in their personal relationships as evidence in a disciplinary procedures could conflict with the right to privacy (…) However, (…) in certain cases, employers can base their decision in a disciplinary procedure on WhatsApp messages exchanged between employees
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- RH MAGAZINE