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In contemporary employment litigation, disciplinary dismissal based on digital communications is one of the most sensitive areas of tension between managerial prerogatives and employee protection. The judgment of the Modena Labour Court of 9 January 2026 fits squarely within this context, offering a particularly rigorous reading of the relationship between digital evidence, the disciplinary relevance of conduct and the system of increasing protections.
The dispute arose from the dismissal of a commercial manager for alleged direct contacts with certain clients, carried out without the involvement of the area sales agent. A key element in the court's reasoning is that the material existence of the contacts was not disputed. The decisive issue was not whether the conduct had occurred, but whether it was legally capable of justifying termination.
Under the regime established by Legislative Decree No. 23 of 2015, judicial scrutiny does not end with the verification of the historical fact. Even conduct that has actually taken place may prove to be devoid of disciplinary relevance if it does not breach specific obligations or if it remains confined to a merely preparatory sphere. The Modena decision sits precisely on this boundary, drawing a clear distinction between conduct that has materially occurred and conduct that is disciplinarily relevant.
As regards the disciplinary charge, the Court reiterates a settled principle: it is sufficiently specific where it enables the employee to understand the allegation and to exercise an effective defence. Specificity does not equate to formalism, but rather to the clarity of the essential core of the accusation. The burden of proof nevertheless remains with the employer, who must demonstrate not only the conduct itself, but also its suitability to justify the ultimate sanction of dismissal.
A particularly significant aspect of the judgment concerns digital evidence. WhatsApp messages, even when produced by means of screenshots, are classified as documentary evidence pursuant to Article 2712 of the Italian Civil Code and are fully admissible in court. The judgement makes clear the level of rigour required to challenge such evidence. Any disavowal must be specific and properly substantiated. Abstract references to possible manipulation of the messages or to the use of Artificial Intelligence are not sufficient to deprive the evidence of its probative value.
In the case at hand, the analysis of the content of the conversations led the Court to exclude any commercial or interfering purpose. The contacts were characterised as occasional exchanges, devoid of offers or negotiations and not prohibited by any formal corporate directives. In the absence of a clear prohibition and of any actual detriment to the employer, the conduct was deemed legally incapable of grounding a disciplinary dismissal.
The result was the annulment of the termination and the application of reinstatement with reduced protection, together with the award of the compensatory indemnity within the statutory limits. Ultimately, the judgment reiterates a methodological principle: digital evidence is now an integral feature of employment litigation, but it cannot replace the legal assessment of the conduct in question. In disciplinary dismissal cases, what truly matters is not the mere existence of a communication, but its legal significance within the organisational context in which it occurs.
Il valore della prova digitale Messaggistica Whatsapp e licenziamento
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