WhatsApp is part of day-to-day operations at many companies. It is where people request time off, coordinate shifts, give instructions and report incidents. The problem arises when, months later, a message is put forward as proof of an authorization, an order or even a disciplinary offense.

In 2026, the Sala de Casación Laboral (the Labor Cassation Chamber) of the Corte Suprema de Justicia (Colombia's Supreme Court of Justice) addressed a question of great relevance to employers and employees alike: what weight does a WhatsApp screenshot carry in an employment lawsuit? The answer requires distinguishing between a screenshot that the judge may examine and one that actually proves the fact in dispute.

What did the Supreme Court decide in ruling SL702-2026?

In ruling SL702-2026 (the case reference of the Supreme Court's judgment), dated May 27, 2026 and released by the Court on September 11, the Chamber explained that WhatsApp screenshots submitted on paper are documentary in nature under Article 243 of the Código General del Proceso (CGP) (Colombia's General Code of Procedure). In the case under review, the opposing party had not disputed those screenshots, and they could be assessed as qualified documentary evidence in labor cassation proceedings.

However, the Court also warned that the existence of a document does not, by itself, prove how it should be interpreted. In the lawsuit, the employee had written to ask a third party to transport her. The conversation proved that she made the request, but it contained no reply showing that the company had authorized that transport.

The lesson is simple: a screenshot can be a document and still fall short of proving an approval, a dismissal, a contract change or a specific instruction. What matters is the full text, its context and the rest of the evidence.

Five practical steps to reduce evidentiary risk

1. Define which messages count as company authorizations

Set out who can approve vacations, leave, travel, shift changes and additional work, and through which channels each decision must be recorded. If a supervisor merely receives a request on WhatsApp, receiving it is not necessarily the same as authorizing it. Your internal procedure should state how each decision is confirmed.

2. Avoid ambiguous replies on sensitive matters

Replies such as "ok," "we'll look into it" or an emoji can spark disputes when it is unclear what was being accepted. For matters with employment implications, it is better to reply in a way that identifies the request, the scope of the authorization, the date and the person responsible. Clear communication reduces later litigation.

3. Keep the full context and avoid isolated screenshots

When a dispute arises, filing away a cropped image is not enough. Try to preserve the relevant conversation with the participants and dates identified, the messages before and after, and any other records that make it possible to verify what happened. Integrity and authenticity may be challenged in the proceedings; the company must not alter, edit or reconstruct conversations.

4. Cross-check the chat against operational records

An order written on WhatsApp can be compared with attendance reports, access controls, emails, task logs, approvals in HR systems and witness testimony. This verification is especially important when assessing absences, accidents, overtime, safety instructions or possible breaches.

5. Train managers and set rules on custody and privacy

Team leaders need to understand that their messages can have evidentiary consequences. It is advisable to adopt guidelines on communications, escalation, limited retention and access to employment information. Collecting and storing chats must respect the rights to privacy and confidentiality and the applicable personal data protection legislation, in particular Ley 1581 de 2012 (Colombia's personal data protection law). Unrestricted access to phones or private conversations should not be assumed.

Is a screenshot enough to dismiss or discipline an employee?

Not necessarily. Before taking a disciplinary measure or terminating a contract for just cause, the conduct must be identified, its legal relevance established and the evidence examined as a whole, while also meeting the applicable procedural and due-process requirements. An isolated message, lacking context or of disputed origin, can be a weak basis for a high-impact decision.

In addition, since Ley 2466 de 2025 (a 2025 law amending Colombia's labor rules) — Article 7, which amended Article 115 of the Código Sustantivo del Trabajo (Colombia's Labor Code) — the disciplinary procedure requires, among other things: formal written notice of the charges; disclosure of all the evidence; a reasonable period of at least five (5) business days to prepare a defense; the option of being accompanied by up to two union representatives if the employee is unionized; a reasoned decision with a proportionate sanction; and the right to challenge it. Adapted rules apply to domestic workers and to employers with fewer than ten employees. A screenshot must therefore fit within that procedural framework, not replace it.

Frequently asked questions

Can an unsigned WhatsApp screenshot serve as evidence?

Yes. Ruling SL702-2026 recognized the documentary nature of the printed screenshots it examined, even though they were unsigned, in light of the procedural circumstances of the case. How much they prove is assessed separately.

Does a manager's silence mean they authorized the request?

It cannot be presumed automatically. In fact, in the case decided by the Court, company approval was not established merely because the request had been sent.

Can the company use any private conversation as evidence?

No. Obtaining and using information must comply with the rules on privacy, data protection (Ley 1581 de 2012) and procedure. Each case requires analyzing how the conversation was obtained and what it is intended to be used for.

Conclusion: the risk lies in what the message leaves unclear

Ruling SL702-2026 does not turn every chat into conclusive evidence. It confirms that a screenshot's documentary value and its ability to prove a fact are two different questions. Companies that improve their protocols for communication, approvals and record retention close gaps that could become costly in an employment lawsuit.

At Luma Legal Consulting, we advise companies on preventing employment-related liabilities, reviewing internal policies, handling disciplinary proceedings and managing documentary evidence.

Is your company facing a disciplinary proceeding or an employment claim? Write to us and we'll review your case. You can also reach us on WhatsApp.

Sources

1. Corte Suprema de Justicia (Supreme Court of Justice) — Press release on WhatsApp screenshots, September 11, 2026

2. Corte Suprema de Justicia — Ruling SL702-2026 (full text, PDF, in Spanish)

3. Ley 1564 de 2012 — Código General del Proceso, Articles 243 and 244

4. Superintendencia de Industria y Comercio (Colombia's Superintendence of Industry and Commerce) — Personal data protection and WhatsApp

Editorial note: how these rules apply depends on the circumstances and the evidence in each matter.

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