Unfair Dismissal Claim & CCTV
If an employer has CCTV footage of an employee with alleged misconduct behaviour, should this footage be shown to the employee during the investigation stage of the complaint? is a question that has been asked in unfair dismissal claim cases in Ireland.
The answer is yes.
If you wish to contact us to discuss, we can be contacted on (01) 546 1121 or (052) 612 1999 or info@clearysolicitors.com
At Cleary & Co. we specialise in Employment Law and have many years of experience dealing with disputes successfully at this stage.
If an employer has an issue with the employee they consider serious and perhaps they suspend the employee, then it is very important they follow fair procedures and show the CCTV footage to the employee and the employer could furnish a copy of the CCTV footage to the employee.
In unfair dismissal claim cases the burden of proof is on the employer to demonstrate they acted reasonably as a response to the conduct complained of and by dismissing the employee.
If an employer fails to permit the employee view the CCTV footage, notwithstanding, relying upon the evidence within the CCTV footage to sanction the employee, the employer may be unable to justify the decision to dismiss on reasonable grounds.
By not permitting the employee access to the CCTV footage the investigation / disciplinary processes can be tarnished, as the employee didn’t have the opportunity to respond and defend themselves with respect to the video evidence, and an employee will have a persuasive argument they should succeed in an unfair dismissal claim.
Kieran Cleary and Roger Cleary Employment Law Solicitors can help with questions you may have regarding employment law matters and our numbers are (01) 546 1121 or (052) 612 1999 or our email address is info@clearysolicitors.com
Disclaimer – Unfair Dismissal Claim & CCTV Article
Please be advised that the above-mentioned material is intended as an overview and as a broad out-line of the topic discussed. It should not be considered as complete and comprehensive legal advice, nor act as an appropriate substitute. Legal advice should be sought from a solicitor prior to relying on anything in this article.
Due care has been taken in the publication of this article and we do not accept legal liability as a result of reliance on any material covered in the above article.
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