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ARTICLE · 06 JUNE 2019

Video Surveillance In Disciplinary Dismissal. New Data Protection Regulation

Pamplona Employment Tribunal No. 3 has settled a claim for disciplinary dismissal in a case of aggression on account of a fistfight ....

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Pamplona Employment Tribunal No. 3 has settled a claim for disciplinary dismissal in a case of aggression on account of a fistfight between two company employees who came to blows.

At the end of the working day, two employees were recorded by the company's video surveillance cameras engaging in a fight in the car park, in the course of which one of them, who carried a whip, hit the other, and the latter, in turn, hit his colleague with a motorcycle helmet that he was carrying in his hand. Both were swinging punches at each other and continued the fight until they were separated by another employee present on the site.

Recent legal doctrine by the Spanish Supreme Court endorses the absence of need or the obligation on the part of the company to offer specific information to inform employees when it intends to use surveillance cameras as a system to monitor employee work activity for possible disciplinary measures and/or dismissals.

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