Dismissal by Email and the Validity of Digital Media as Evidence in the Social Process
Comment to the Court Rulling of the Canary Islands/Tenerife 11/18/2022, rec. nº. 388/2022
DOI:
https://doi.org/10.24310/rejlss.vi6.16192Keywords:
digital evidence, email, dismissal, termination of the contractAbstract
Due to new technologies, it is increasingly common in the work environment to provide evidence of digital or electronic origin in order to prove certain acts or labour breaches committed by both employees and the companies themselves (digital evidence).
However, the question arises about the sufficient legal basis to consider this evidence as valid or effective as a means of proof in a labour trial, and if so, what will be the correct way to judicially provide these electronic documents so that they acquire full evidential value in the judicial process. The Court Rulling of the Canary Islands 11/18/2022 raises the possibility of communicating the termination of the contract to the employee through an email and therefore, in practice, raises the validity of these means as evidence in the social trial.
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Nores Torres, L.E., “Algunos puntos críticos sobre la repercusión de las redes sociales en el ámbito de las relaciones laborales: aspectos individuales, colectivos y procesales”, Revista de Información Laboral, núm. 7, 2016.
Puyol Capilla, P., La nueva prueba documental en la era digital, Sepín, Madrid, 2014.
Rojas, R., “La prueba digital en el ámbito laboral”, Blog Laboral 3.0, Blog de Derecho Laboral y nuevas tecnologías.
Vidal López, P., “La prueba digital en el procedimiento laboral”, Legal Today, 2019.
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