Post by account_disabled on Feb 25, 2024 0:02:20 GMT -5
The Superior Court of Justice of Madrid has declared that the action of a company to review WhatsApp conversations between its employee and clients , through the mobile phone that the employer provided to carry out work activity, is legal because it was not violated. the fundamental right to secrecy of communications since the conversations were not strictly private, but were carried out in the workplace .
With this ruling issued by the Madrid TSJ, the Chamber declares the inadmissibility of the dismissal but not its nullity, as had been dictated by the lower court ruling appealed Fax Lists by the defendant employer. Well, since there has been no violation of the right to privacy and secrecy of communications, the dismissal cannot be considered null .
However, since the Court has not been able to demonstrate the facts attributed to the plaintiff in the dismissal letter, as a result of the conversations obtained by the company in the review of the plaintiff's messages with clients and which they would affirm that she falsified the monthly accounts of purchase and sale of services, the cause of the dismissal is not proven either, which is why the TSJ has declared it inadmissible.
Facade of the Superior Court of Justice of Madrid. (Photo: E&J)
Different purchase and sale prices appeared in the monthly accounts.
The plaintiff provided services for a transportation company, holding the professional category of traffic manager. Her work was based on managing the transport ordered by the clients, preparing a monthly document that collected information on the service contracted by the clients, specifying, among other data, the purchase price of the service along with the sale price set by the company.
With this ruling issued by the Madrid TSJ, the Chamber declares the inadmissibility of the dismissal but not its nullity, as had been dictated by the lower court ruling appealed Fax Lists by the defendant employer. Well, since there has been no violation of the right to privacy and secrecy of communications, the dismissal cannot be considered null .
However, since the Court has not been able to demonstrate the facts attributed to the plaintiff in the dismissal letter, as a result of the conversations obtained by the company in the review of the plaintiff's messages with clients and which they would affirm that she falsified the monthly accounts of purchase and sale of services, the cause of the dismissal is not proven either, which is why the TSJ has declared it inadmissible.
Facade of the Superior Court of Justice of Madrid. (Photo: E&J)
Different purchase and sale prices appeared in the monthly accounts.
The plaintiff provided services for a transportation company, holding the professional category of traffic manager. Her work was based on managing the transport ordered by the clients, preparing a monthly document that collected information on the service contracted by the clients, specifying, among other data, the purchase price of the service along with the sale price set by the company.