Using images from the video surveillance system installed in the company for security reasons to prove an employee's disciplinary misconduct is legitimate. The Supreme Court, in its order no. 8375 of March 23rd, 2023, declared the lawfulness of using video surveillance system footage to report an employee’s misconduct, provided that it is evaluated within a broad evidentiary framework. The case examined by the Supreme Court involves an employee working as an educator who challenged the disciplinary sanction given to him by his employer for having grabbed the shirt of a student who had refused to obey one of his orders. The episode had been captured by the video surveillance system installed at the school, per the provisions of Article 4 of the Workers' Statute, to protect company assets. Therefore, the educator challenged the legitimate use of such recordings. According to the Court, however, the footage, although intended for other purposes, such as safety protection, is usable for disciplinary purposes insofar as it complies with the procedural safeguards set forth in Article 4, third paragraph, of the Statute, as part of a general consideration of all the evidence gathered in support of the lawfulness of the sanction. The Supreme Court assessed that the sanction was proportionate to the fact and the justifications given by the employee showing that the disciplinary procedure – which resulted in the employee’s dismissal – was flawless, the educator having been allowed to exercise his right of defence. The Court then rejected the employee’s appeal, stating that the assessment of the footage was an additional and legitimate element, considering that the video surveillance system was intended for security needs, aimed at areas accessible even to non-school personnel, where there were no workstations, and placed after obtaining an agreement with the unions.
2024 - Morri Rossetti
