Use of CCTV in Disciplinary Procedures
All usage of CCTV, other than in a purely domestic context, must be undertaken in compliance with the requirements of the Data Protection Act. Extensive guidance on this issue is available by clicking this link. In summary, all uses of CCTV must be proportionate and for a specific purpose. As CCTV infringes the privacy of the persons captured in the images, there must be a genuine reason for installing such a system.
The images captured should be retained for a maximum of 28 days, except where the image identifies an issue and is retained specifically in the context of an investigation of that issue.
A recent decision of the Employment Appeals Tribunal brought into focus some pitfalls which employers can face in seeking to rely on CCTV footage in disciplinary proceedings, read the full story here!
The employer's failure to adhere to data protection legislation in the case at hand meant that the Employment Appeals Tribunal was always likely to find against them. Accordingly, employers who have CCTV cameras installed in their premises should be cognisant of the data protection legislation. In this regard, it should be noted that the Data Protection Commissioner has issued guidance on this matter in recent years. In particular, the Data Protection Commissioner has advised the following:
The rationale for using CCTV surveillance in disciplinary procedures must be that it is justifiably necessary to protect some legitimate aim of the employer.
1. The use of the CCTV must be transparent. In this regard, the Data Protection Commissioner has advised that employers make employees aware of the presence and location of the cameras and the purpose of the footage captured prior to using the cameras. As a result, an important point to note is that an employer cannot use information gathered from surveillance as evidence in a disciplinary matter unrelated to the purpose for which the cameras were installed.
To conclude, all employers utilising CCTV surveillance should take the following steps or else they will be unable to successfully rely on such evidence in disciplinary proceedings:
1. Issue a written policy to employees outlining the situations in which monitoring may occur and the purpose of such monitoring.
2. Ensure that the installation of CCTV cameras is transparent. In this regard, it is advisable that notices are displayed around the workplace highlighting that CCTV is in operation.
3. Ensure that the purpose for the CCTV is justifiably necessary.
4. Carry out surveillance in a fair manner.
A company’s staff handbook should clearly state all points addressed above if you have CCTV installed in your business but no policy then click here now and download our software for free.
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Workplace Relations Commission to commence from 1st October 2015
The Minister for Jobs, Enterprise and Innovation, Richard Bruton, on Monday the 8th of June welcomed the signing into law of the Workplace Relations Act 2015 and announced that the Act will be commenced on 1st October 2015.
The reform of employment rights and industrial relations bodies is a major piece of public service reform and will see the existing five employment rights bodies merged into two bodies:
• The Workplace Relations Commission will deal with all cases at first instance
• The Labour Court will deal with all cases on appeal
Through the better use of technology and shared services, the cost of running these bodies will be reduced through staff reductions, eliminating duplication and centralising administration and case management services. This rationalisation will deliver a much better service to the end users, both employers and employees, and at a reduced cost to the state.
Minister Bruton said: “Reform of the State’s employment rights and industrial relations bodies has two principal goals: to deliver a better service for employers and employees and to deliver savings for the taxpayer, businesses, and workers. We have seen major progress in these areas already, and the formal establishment of the WRC will see further gains. The announcement we are making today is a further important step towards the final delivery of this important reform”.
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Policies & Procedures – the importance of
A recent case in the Employment Appeals Tribunal shows the importance of having policies and procedures in place and following them.
The Tribunal awarded an employee compensation of €94,000 for Unfair Dismissal when her previous employer dismissed her without any procedure whatsoever let alone any fair procedure.
Having been employed with the company for over 18 years, an employee was called to a meeting to be told she was dismissed with immediate effect and had 10 minutes to leave the building. The employee was handed a letter at this meeting which detailed her “Severance Agreement”, on provision she sign away her rights under the Unfair Dismissals legislation and also to state she had received legal advice.
When queried if the sum being offered was by way of redundancy, she was told “the company is not going down the redundancy route on this occasion.” The “Severance” amount she was offered was less than statutory redundancy. The employee did not accept the severance sum that was offered.
Within the same month as the employee’s dismissal, her position was advertised by the company but on a 12 month contract. She was never offered this as an option.
The employer had sought to replace the existing employees’ permanent position with an impermanent position without due consideration for the employee.
More information on this case can be found at: http://www.workplacerelations.ie/en.Cases/2015/June/UD1627_2013.html
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