Valid dismissal for a message posted on Whatsapp
The disciplinary relevance of the conduct exists even if the chat is private
A communication inserted in a private Whatsapp chat may constitute just cause for dismissal when, by its content and addressees, it is capable of seriously damaging the interests of the employer and the bond of trust. Therefore, the 'closed' nature of the medium used is not decisive if the statement is knowingly made in front of several persons and has objectively damaging content. With the affirmation of this principle, the Supreme Court (Order 7982/2026), returns to address a much debated issue, with different outcomes.
The affair
In this specific case, a female employee had sent a voicemail within a chat room, in which she referred to internal directives on the obligation to check the green pass, criticised the company organisation with offensive expressions towards colleagues and superiors and, above all, indicated concrete ways to circumvent those checks. The content of the message, which was subsequently also disseminated on Facebook, was considered particularly serious not only because of the language used, but also because of the disclosure of confidential information and the potential impact on the security measures adopted by the company.
The orientation of the Supreme Court
The Court, in confirming the legitimacy of the dismissal, builds its reasoning on several key passages. First of all, it excludes that the 'private' nature of the Whatsapp chat is in itself capable of neutralising the disciplinary relevance of the conduct: the fact that the communication takes place in a group implies in any event the presence of a plurality of addressees, which can be qualified as 'third parties' with respect to the author of the statement.
Secondly, it enhances the content of the message, emphasising how it was characterised by intentionally damaging, both in terms of offensive expressions and the dissemination of confidential business information.
Finally, the Court distinguishes between wilful misconduct and guilt as regards the dissemination of the message: even in the absence of willingness to disseminate the message externally, the foreseeability of such dissemination integrates, in any event, a profile of liability, capable of reinforcing the overall disvalue of the conduct.
