Management searching lockers

Kidchameleon

Hi all,

I came into work today and my locker had been searched by a manager before I got in. Are they allowed to do this without me present? Theres about 50 lockers in the job, about half of them have pad locks but all the unlocked ones were searched. I want to complain about this so it doesnt happen again but perhaps some of you guys can tell me where a I stand.

Thanks!

Paulw

The company owns the lockers? The locker was unlocked?

I see no reason why they can't search it.

What does your contract or the company policy say about use of lockers? I bet there is a clause in there saying that they are subject to search under certain circumstances.

Kidchameleon

Hi yes the company owns the lockers. It was closed but not pad locked. My name is printed on the locker.

Hogzy

Did your employer give you a reason why the search was carried out?

conorh91

Workplace privacy may be protected by legal rights in some cases, such as the Safety, Health and Welfare at Work Act.

It is entirely possible that the Constitution creates a conceptual right to privacy at work where an employer's equipment is used. There is no useful Irish authority on this.

The English courts have previously held that the Art. 8 of the ECHR right to privacy at work extends to privacy in the course of using an employer's equipment. However, that might only apply to State employers.

It is arguable that a breach of privacy is also a breach of implied terms of good faith in an employment contract. This argument has previously been raised in respect of constructive dismissal arising out of workplace bullying, but I don't see why it couldn't similarly be pursued in respect of an alleged violation of an employee's right to privacy.

To summarize

Generally speaking, the right to privacy is protected as a constitutional right, as well as an ECHR right. Workplace privacy may be protected as a legal right in some circumstances.
Whether any of this applies to your circumstances is for you and your employer to discuss between one another or with your respective legal representatives if necessary.

Kidchameleon

Hogzy wrote: »

Did your employer give you a reason why the search was carried out?

They said stationary was going missing??

Kidchameleon

My contract says that they can search the locker at anytime even if I'm not there, so fair enough. Its terrible management to do it though imho. Thanks for your help guys.

conorh91

Kidchameleon wrote: »

My contract says that they can search the locker at anytime even if I'm not there, so fair enough. Its terrible management to do it though imho. Thanks for your help guys.

Ah right well that constitutes a prior warning and distinguishes your case from the echr workplace privacy cases alluded to above.

I fully agree it sounds like terrible management and destructive to employee relations.

coylemj

Kidchameleon wrote: »

They said stationary was going missing??

Two signs the summer is nearly over...

1. Rack upon rack of kids' dark grey trousers and skirts in Dunnes
2. Office stationary starts walking out the door

Santa Cruz

coylemj wrote: »

Two signs the summer is nearly over...

1. Rack upon rack of kids' dark grey trousers and skirts in Dunnes
2. Office stationary starts walking out the door

I met a gent who retired from a company four years ago. When I asked him how he was getting on he said he was grand for the first three years but now he has to buy his own typing paper and envelopes!