The company email does not nail the worker for lawful dismissal because the server is in the hands of the employer
Excluding the probative value of the messages acquired from the employee’s account: this is correspondence that required certain guarantees or abstract documents that could be altered by the company. There is no dismissal for just cause of the worker if the dispute is on the company’s email account. The Cassation confirms this with the sentence 6425/18, published on March 15 by the employment section in the context of the same sequence of events in 5523/18.
Identity and identifiability
The Supreme Court provides further clarification: the evaluation is confirmed according to the insufficient value of the evidential emails acquired by the employer in relation to the employee’s company account. And this is for two reasons: it is about correspondence of which the acquisition required certain guarantees and the intervention of the judicial authority or of documents coming from the data that have full availability on the company server and, therefore, the abstract possibility to intervene on the content; in fact it is not a certified email or signed with a digital signature that can guarantee the identifiability of the author and the identity of the document.
