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 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.

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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