Manager of a store, I noticed via video surveillance that one of my employees is using the shelves without paying for what he takes. I want to fire him because of his thefts. Can I use the images from the surveillance camera as evidence?
Video surveillance: ensuring the security of property and premises does not require employee information
In a case submitted for assessment by the Court of Cassation, an employee hired as a cashier-saleswoman in a store contested the use of video surveillance recordings, which provided proof that she was committing theft within the store. According to her, the employer who sets up a monitoring device for securing a store must justify this exclusive purpose in order to dispense with consulting the CSE on the implementation of the device, failing which the CSE must be consulted and employees informed of its existence.
The High Court held that the video surveillance system which had been installed to ensure the security of the store, did not record the activities of employees at a specific workstation and had not been used to monitor the person concerned in the store. exercise of its functions. That…
