ARTICLE
20 December 2023

WhatsApp At Work, Supreme Court, Ruling No. 156/2022

CL
CMS Luxembourg

Contributor

Active in the Grand-Duchy since 2011, CMS Luxembourg combine a deep understanding of the local market with the global overview of the CMS network. Our 70+ lawyers specialise in Banking & Finance, Corporate/M&A, Investment Funds and Tax but are also able to assist our clients on Commercial, Dispute Resolution, Employment, Capital Markets, ESG as well as Insurance matters.
An employee was dismissed for sending abusive messages via WhatsApp on a work computer.
Luxembourg Media, Telecoms, IT, Entertainment
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Supreme Court, ruling no. 156/2022

An employee was dismissed for sending abusive messages via WhatsApp on a work computer.

The Luxembourg Labour Court initially invalidated the dismissal, stating the messages were illegally obtained by the employer.

However, the Court of Appeal justified the dismissal, reasoning that leaving WhatsApp open on a work computer implied a professional nature to the messages.

The Supreme Court upheld this decision, highlighting that the messages were on a work-provided computer, accessed by the employer for legitimate reasons.

Since the messages weren't distinctly marked as private, and were accessible without a password, they were considered professional in nature and not protected by the secrecy of correspondence.

This case underscores that privacy at work isn't an absolute right.

Employees must use employer-provided IT tools responsibly, marking private content clearly.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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