employment law top tips seminar jan 2015
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Employment Law Top TipsWednesday, 21 January 2015
Ger Connolly – [email protected]
Orla O’Leary – [email protected]
Avril Daly – [email protected]
The Evolution of Technology
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The BIG Question
Can I Monitor?
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It’s a Balancing Act
Article 40.3 of the Constitution
European Convention of Human Rights
Data Protection
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Protect Employer’s Business Interest
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The Rights of the Employee
Article 40.3 of the Constitution
The Right to Privacy is seen as one of the unenumerated personal rights of a citizen protected by the Constitution.
• Any limitation of the right to privacy should be proportionate to the likely damage to the employer’s legitimate business interest.
European Convention of Human Rights“Everyone has a right to respect for his private and family life, his home and his correspondence”
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The Rights of the Employee contd
Data Protection
• The collection, use and storage of information about workers = personal data.
• Processing of personal data must be:• Obtained and processed fairly; • Adequate; • Relevant; and • Not excessive.
• Consent must be given freely and fully informed
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Acceptable Usage Policy
• Clearly set out the parameters for use of Electronic communications and IT Systems.
• Monitoring– “We reserve the right monitor your use of electronic
communication and IT systems on an on-going basis. Furthermore in circumstances where we suspect that you may be breaching the terms of this policy, your contract of employment, any professional or corporate standards or policies or are doing anything unlawful or untoward, we may intercept, access or monitor your electronic communications”
• Disciplinary action up to an inducing dismissal.
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Bring Your Own Device
Benefits– Flexibility– Cost saving– Increases employee morale/satisfaction
Risks– Confidentiality / Security / Control– What happens on termination of employment– Expectation on privacy– Right to Monitor
Tips– Deal with it in your policy– Install protective software
• Company data wiped remotely• Separate personal and professional workspace
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Benefits vs Drawbacks
Benefits:
• Publicity
• Marketing
• Recruitment
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Drawbacks
• Discrimination?
• Damage to reputation
• Release of confidential business information
• Vicarious liability for bullying and harassment
• Reduction in productivity
How to deal with 'cyberslacking'
• Block access to social media sites entirely
• Impose limits on access
• Monitor computer usage
CLEAR POLICY
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“Facebook Fired”
Social Media is not private
Apple Case: Employee criticised Apple’s products on Facebook. Tribunal: posts were not “private” because the posts could have been forwarded by his Facebook “friends”.
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Drafting Your Policy
• General internet usage policy OR stand alone policy
• Appropriate / inappropriate use
• Personal / professional use
• Consequences and sanctions
• Prohibited Conduct
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Other Emerging Trends
• Make sure employees actually get the policy
• Damage to reputation?
• Not enough to simply disagree with comment
• Co-operation by employee
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How Serious is the Comment?
“[The employer company] is a f’n joke....dont spend your money there as
they are f...in crooks and are out to hose you ... there a bunch of greedy c…sucin low life scumbags... wanna know how I
really feel??????”
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CCTV
Overt Monitoring
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Covert Monitoring
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Top Tip
CLEAR POLICY
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Employment Law Top Tips Q&A
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