Spain: Monitoring of employees: use of security cameras' footage for disciplinary purposes

21 November 2014

The Spanish Supreme Court declared null and void the disciplinary dismissal of a supermarket cashier accused of giving for free some goods of the Company's shop invalidating the use of the footage on which the sanction was grounded for disciplinary purposes.

In its ruling dated 13 May 2014 the Spanish Supreme Court declared null and void the disciplinary dismissal of a supermarket cashier based on the footage of the Company's CCTV system.

The Company dismissed the employee on the basis of a footage obtained by the CCTV system installed on its premises that showed her giving away for free certain goods to her boyfriend.

When the CCTV was installed in the premises of the Company the workers representatives were informed that this was only for security purposes and no reference to the use of this cameras as monitoring/disciplinary devices was ever made.

Hence, the Court understands that being the sole purpose of the cameras to prevent the clients from stealing the products of the supermarket, the footage cannot be used for disciplinary purposes.

With this judgment the Court stresses the criteria maintained by the Spanish regional Courts on the importance of notifying employees any measure that will be used for monitoring/disciplinary purposes.

 

This article is part of the Southern Europe Employment Law Update for December 2014

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