NEWSLETTER-2020-metin

432 NEWSLETTER 2020 The Court of Cassation’s Opinion on the Evidential Value of WhatsApp Employee Correspondence* Att. Sevgi Ünsal Özden Introduction It is indisputable that WhatsApp Messenger (“WhatsApp”) has become an integral part of business life, as well as our social life, due to the convenience of instant communication. Thus, is it possible that correspondence sent through this application, which is also widely used by employees, constitutes evidence against the relevant employee, or a basis for the termination of employee contracts with their employer? This article reviews the current decisions and the opinion of the Court of Cassation concerning the evidential value of WhatsApp cor- respondence in sanctions against employees. Decisions of First Instance and Court of Cassation The 9th Civil Chamber of the Court of Cassation issued a de- cision 1 of approval in 2015, stating that the termination of an em- ployment contract due to WhatsApp correspondence amongst other employees, which included statements regarding his/her manager that were incompatible with rules of courtesy and discipline, is contrary to the law. Subsequently, in 2017, a decision was made showing the perspective of the Court of Cassation regarding the evidential value of WhatsApp correspondence and whether these may be used against employees. 2 In the case that was subject to the decision, in a WhatsApp group created for communication amongst employees, the correspondence of the employees regarding the difficulties of working conditions and the attitudes and behaviors of the managers (behaviors may be identified as not equal, mobbing) , was identified. * Article of February, 2020 1 9th Chamber of the Court of Cassation, E, 2015/17583, K. 2015/25132, 9.9.2015. 2 9th Chamber of the Court of Cassation, E, 2016/14205, K. 2017/9526, 1.6.2017.