CCTV rights

Kimbokai

I have been let go from my workplace of 13 years because stupidly I had been clocked in by my frends when I was 5-10 minutes late vice verca we were both let go , it wasn't until afterwards I was told there was a CCTV in operation above the clock -in system should there have been a sign up or should we have been notified that CCTV was in operation

Thanks

ian_m

I don't think they are allowed to monitor employees like that. I heard of a case in a job a few years back where someone was caught leaving early but they weren't dismissed using evidence from the cameras.

A quick google threw this back...

CCTV footage cannot be used for another purpose such as recording the entry and exit of employees from the workplace.

http://www.citizensinformation.ie/en/employment/employment_rights_and_conditions/monitoring_and_surveillance_at_work/surveillance_of_electronic_communications_in_the_workplace.html

thebullkf

Kimbokai wrote: »

I have been let go from my workplace of 13 years because stupidly I had been clocked in by my frends when I was 5-10 minutes late vice verca we were both let go , it wasn't until afterwards I was told there was a CCTV in operation above the clock -in system should there have been a sign up or should we have been notified that CCTV was in operation

Thanks

there should be signs, you should also be notified if being recorded, why does it matter? you tried to circumvent the clocking in system, are you now trying to circumvent the decision to let you go? I'm willing to bet it wasnt the first time you did it - would i be correct in assuming this?

thebullkf

ian_m wrote: »

I don't think they are allowed to monitor employees like that. I heard of a case in a job a few years back where someone was caught leaving early but they weren't dismissed using evidence from the cameras.

A quick google threw this back...

CCTV footage cannot be used for another purpose such as recording the entry and exit of employees from the workplace.

http://www.citizensinformation.ie/en/employment/employment_rights_and_conditions/monitoring_and_surveillance_at_work/surveillance_of_electronic_communications_in_the_workplace.html

it can be used for verification to see who's using the machine- which is not quite the same thing

duffman13

Kimbokai wrote: »

I have been let go from my workplace of 13 years because stupidly I had been clocked in by my frends when I was 5-10 minutes late vice verca we were both let go , it wasn't until afterwards I was told there was a CCTV in operation above the clock -in system should there have been a sign up or should we have been notified that CCTV was in operation

Thanks

Being a manager I once made a move on an employee working a night shift that basically worked on a shift with no manager. I had a weeks worth of CCTV I wanted to use in a disciplinary and it was thrown out by the union and HR.

Kimbokai

duffman13 wrote: »

Being a manager I once made a move on an employee working a night shift that basically worked on a shift with no manager. I had a weeks worth of CCTV I wanted to use in a disciplinary and it was thrown out by the union and HR.

During my dismissal they had used the CCTV against me even though I had no knowledge of the CCTV in the first place does this mean they where wrong in the first place , I have worked there since I'm 17 and have bent over backwards for my bosses nd managers and this has been my first time been in trouble I admit I was wrong my own fault just need more information on it

Thanks

Bloodwing

Kimbokai wrote: »

During my dismissal they had used the CCTV against me even though I had no knowledge of the CCTV in the first place does this mean they where wrong in the first place , I have worked there since I'm 17 and have bent over backwards for my bosses nd managers and this has been my first time been in trouble I admit I was wrong my own fault just need more information on it

Thanks

CCTV can be used by an employer to monitor the entry and exit of staff however whatever the reason for the CCTV it must be displayed in a prominent place and it must be stated what the footage will be used for. If it is stated that it is for use with regard to theft it then cannot be used for other reasons such as clocking in.

Its covered by the data protection act. Best thing you can do is talk to a solicitor.

thebullkf

Kimbokai wrote: »

During my dismissal they had used the CCTV against me even though I had no knowledge of the CCTV in the first place does this mean they where wrong in the first place , I have worked there since I'm 17 and have bent over backwards for my bosses nd managers and this has been my first time been in trouble I admit I was wrong my own fault just need more information on it

Thanks

i see you havent bothered to answer my question

See:
http://www.dataprotection.ie/viewdoc.asp?DocID=796

Section 2(1)(c)(iii) of the Acts require that data are "adequate, relevant and not excessive" for the purpose for which they are collected. This means that an organisation must be able to demonstrate that the serious step involved in installing a system that collects personal data on a continuous basis is justified. Before proceeding with such a system, it should also be certain that it can meet its obligations to provide data subjects, on request, with copies of images captured by the system.

thebullkf

the key points to be taken from this is the Proportionality (is it justified?, what will it be used for?, what images will be captured?), Transparency, and Storage.

These are the key items that will be reviewed when looking at a system and if the usage is acceptable in an Organisation as it is important to remember CCTV footage is classified as Personal Data and as such is covered under the remit of the Data Protection Commissioner.

Bloodwing

Take a look at case study 10. Its sounds similar to your situation.

http://www.dataprotection.ie/ViewDoc.asp?fn=/documents/casestudies/CaseStudies_2008.htm&CatID=96#10

Kimbokai

Thank you bloodwing

gctest50

Bloodwing wrote: »

Take a look at case study 10. Its sounds similar to your situation.

http://www.dataprotection.ie/ViewDoc.asp?fn=/documents/casestudies/CaseStudies_2008.htm&CatID=96#10

We informed the company that, to satisfy the fair obtaining principle of the Data Protection Acts with regard to the use of CCTV cameras, those people whose images are captured on camera must be informed about the identity of the data controller and the purpose(s) of processing the data

If the signs said something like " cctv for security and safety " would that "help" ?

( thinking along the lines of a fire :

- if someone was clocked in by a friend it could lead to rescue services going in to search for them - needless danger )

gandalf

If you have already been let go I suggest that you engage a solicitor to communicate with the employer regarding this issue. From your side of the story it appears that they have misued CCTV and do have a case to answer.

Kimbokai

Gandalf thanks very much

Mrs OBumble

thebullkf wrote: »

the key points to be taken from this is the Proportionality (is it justified?, what will it be used for?, what images will be captured?), Transparency, and Storage.

Fair enough - but don't assume that because you were "only" a few minutes late this is only a trivial issue.

Some employers would see time-clock fraud as a major breach of trust: as in, if they cannot trust you to follow the rules for this, they cannot trust you to do anything else.

kippy

Mrs OBumble wrote: »

Fair enough - but don't assume that because you were "only" a few minutes late this is only a trivial issue.

Some employers would see time-clock fraud as a major breach of trust: as in, if they cannot trust you to follow the rules for this, they cannot trust you to do anything else.

Yeah. Its not the lateness thats the issue here. Its the clocking in for someone else which is a serious issue in the eyes of many organisations.
Do you have a written statement from the company outlining the reasons for your dismissal and have you already owned up to the act?

Gillo

Are you paid by the hour or a salary?
If you are paid by the hour, by being clocked in by someone else when not there you were being paid while you weren't actually there. The company could argue that you were defrauding them and hence the camera is there for security reason's.
It's not a hard picture for them to paint, as other posters have said get a solicitors advice.

AltAccount

I find it amazing that they would terminate you after 13 years of service for clocking in a few minutes late.

If this is the only transgression I'd definitely fight it. Are there redundancies going on in the company and this is constructive dismissal?

If it's part of a history of issues, that's different - you could fight your way back in, but you're probably on your way out anyway...

makeorbrake

AltAccount wrote: »

I find it amazing that they would terminate you after 13 years of service for clocking in a few minutes late.

I think you have misunderstood. He didn't clock in late. He had someone clock him in - that's fraud.

AltAccount wrote: »

If this is the only transgression I'd definitely fight it. Are there redundancies going on in the company and this is constructive dismissal?

It's worth putting up a fight - can't do any harm. However, there's nothing in the way of constructive dismissal here - they are covered insofar as I'm aware.

kippy

AltAccount wrote: »

I find it amazing that they would terminate you after 13 years of service for clocking in a few minutes late.

If this is the only transgression I'd definitely fight it. Are there redundancies going on in the company and this is constructive dismissal?

If it's part of a history of issues, that's different - you could fight your way back in, but you're probably on your way out anyway...

Its a very serious issue no matter how long you;ve been in a place.
A thread on it here:

http://www.boards.ie/vbulletin/showthread.php?t=2055980184