Electronic correspondence with employees: exchange of statements and orders

Sending orders to employees via e-mail or messengers has already become commonplace, just as employees are increasingly sending requests for vacations or layoffs to their employer's e-mail or their manager's messenger.

When the court accepts electronic correspondence between the company and the employee as evidence:

• if the electronic correspondence makes it possible to establish its authors and participants;
• if the electronic correspondence can confirm the content of the messages and arguments of the parties (for example, the existence of relevant relations between them (suspension, leave, etc.), conducting certain negotiations, reaching an agreement);
• the employee can submit the application personally to the employer, send it by mail or telegram, but the fact of receipt of the application by the employer must be confirmed.

The court may accept e-mail as evidence and evaluate it together with other evidence in the case. Source: Galina Lysenko https://www.instagram.com/ganna_lysenko

⚖️ Judicial practice regarding electronic correspondence:

Resolution of the Great Chamber of the Supreme Court dated June 21, 2023 No. 916/3027/21

the goods were delivered according to invoices and invoices, the defendant did not return the original invoices, concealing the fact of delivery. evidence of correspondence in messengers is accepted

Resolution of the Supreme Court of July 26, 2023 No. 509/7127/21

signing with a one-time identifier with defects, which led to the failure to conclude the contract

Resolution of the Supreme Court of October 26, 2023 No. 757/35570/21 correspondence with employees:

regarding the link to the correspondence in the WhatsArr messenger, the provided "screenshots" do not make it possible to establish the fact of the existence of the correspondence; to identify valid participants of the correspondence; correspondence to specific identified persons)

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