That geolocation of a company vehicle, inside and outside working hours, did not violate article 8 on the facts, by four votes to three.
Dismissal on geolocation and dismissal after covert cameras have both been examined under article 8 and survived on their facts, which settles the method and not the outcome.
One act for the whole subject, holding processing to what is directly necessary, naming the conditions for cameras and for opening the employer’s electronic mail, and putting technical monitoring through a cooperation procedure before it is introduced.
Recordings may be used to substantiate the grounds for ending an employment relationship, and that use is stated as an exception to the purpose limitation and to the cooperation procedure.
That the works council is heard before every dismissal and told the grounds for it, and that a dismissal pronounced without that hearing is void.
The works council is heard before every dismissal and told the grounds for it, and a dismissal pronounced without that hearing is void, so what the program has established about a person does not reach the ending of the relationship without passing the council first. A dismissal without notice may be given only within two weeks of the party entitled to dismiss coming to know the facts material to it.
That the disciplinary rules must be brought to the knowledge of workers by posting them where all can read them, that no measure may be taken before the charge has been put to the person and their defence heard, and that nothing heavier than a verbal reprimand may follow within five days of the written charge.
A disciplinary sanction may not bring a permanent change to the employment relationship, the ending of it being left to the law on individual dismissals, and two years after it was applied a sanction may no longer be taken into account for any purpose.
That a sanction rests on the gradation of faults set out in law or in the applicable collective agreement and is communicated in writing where the fault is serious, that a dismissal rests on a serious and culpable breach and is notified with the facts and the date it takes effect, that a worker who represents the workforce is heard in a contradictory proceeding first, and that a fault lapses ten, twenty or sixty days after the undertaking came to know of it.
A disciplinary dismissal rests on a serious and culpable breach, among them the transgression of contractual good faith and the abuse of trust in the performance of the work, and it is notified to the person in writing stating the facts that motivate it and the date it takes effect.
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