COURT OF CASSATION: WHEN COMMUNICATIONS VIA WHATSAPP ARE NOT ANTI-UNION BEHAVIORS
The Court of Cassation, Labor Section, with order No. 789 of 14 January 2026 stated that anti-union behavior due to failure to comply with the obligations to provide information to trade unions as required by law and by the provisions of the National Collective Labor Agreement is excluded if the employer, despite failing to comply with these provisions, resorts to alternative forms of communication justified by contingent factual situations.
This must be assessed in concrete terms, as it is based on the assumption that means of communication other than those provided for by law (which in this case consisted of the WhatsApp messaging service) nevertheless ensured effective consultation with trade union representatives.
According to the Court's reasoning, the use of atypical and impromptu channels of communication on an objective level and in emergency situations (specifically, the Court of Cassation ruled here on a case relating to the COVID-19 pandemic period) does not give rise to anti-union conduct where there has been no actual infringement of the prerogatives or freedom of the union. Therefore, if, considering the turbulent phases of the health emergency, trade union dialogue did not take place in the manner provided for by the rules but achieved its purpose through the use of WhatsApp messaging, the employer's conduct is not an anti-union behavior.
