With sentence no. 10636 of 2 May 2017 , the Supreme Court has ruled that it is legitimate to termination for cause notice to an employee on the basis of video recordings “occult” made in the company’s premises during working hours.
The case concerns the story of a former employee of a supermarket, fired for cause after being caught – through the cameras – to take stock of the confectionery products department.
The cameras had been installed by a detective agency, for the sole purpose of monitoring one single shelf on which specific products were placed, not entrusted to the staff of the supermarket employees but only to specified external agencies and previously – previously – of unlawful behavior.
But what are the defensive controls? It is all those investigations, usually carried out with audiovisual tools, put in place by the employer and directed to ascertain misconduct of employees, such as theft, damage and so on. They can also be “hidden” when they are hidden, that is not visible and not communicated to the unions.
Warning: it is true that these types of controls do not require prior agreement with the trade unions, but they are eligible solely in the event that they are not aimed at the control of the normal work of the employees, but have the sole purpose of protecting company assets.