Dismissal for serious misconduct resulting from exchanges between employees using MSN Messenger messaging is abusive because this type of messaging is necessarily personal.
An employee hired as a secretary interacted with her colleagues via an MSN Messenger-type instant messaging system settled on the workstations. During a sick leave of this employee, the employer took note of the content of these exchanges and dismissed the employee for serious misconduct, accusing her, in particular, of reporting confidential messages.
The Court of Appeal declared the dismissal unfair, on the grounds that
obviously, such an email account is personal and distinct from business email, without the need for any mention staff or personal conversation
. So the employer could not see it. The Court of Cassation agrees.
