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Re: House Search

  • 09-05-2015 6:55pm
    #1
    Guest2011
    Registered Users, Registered Users 2 Posts: 32 ✭


    Hi,

    I posted this in legal discussion but got no response so I decided to try my luck here.

    I have been offered a contract of employment by an accountancy practice after my probation period expired and one of the terms in the contract says that my employer has a right to search my person, personal belongings and even my house.

    Is this usual now days? I have had a few employments but never seen this before.

    Any advice, should I decline the offer, I don't have anything to hide but don't want to grant free access to my house to people I don't know outside of work.

    Just to let you know I have been an honest employee always have and never stole work property.

    Thanks.


Comments

  • #2
    The_Conductor
    Moderators, Society & Culture Moderators Posts: 32,286 Mod ✭✭✭✭The_Conductor


    As a generalisation- you have no expectation of privacy in a work context. An employer can search your desk, your computer, a work phone and/or a work car (if you have one). Outside of this- regardless of this- they would not have the right to search your private phone, private car, home- or other private property. If they suspected illegal activity of any nature and it implicated your personal property- they should report it to the Gardaí.

    It is my belief (and I am *not* a solicitor) that regardless of whether you sign this contract, or not - that it is unenforceable. You cannot sign away rights in this manner. I.e. if you do sign the contract- this clause is meaningless- as its wholly unenforceable.


  • #3
    Irish_Elect_Eng
    Registered Users, Registered Users 2 Posts: 1,260 ✭✭✭Irish_Elect_Eng


    Would you be working from home or storing your employers stock at home?


  • #4
    BabySlam
    Closed Accounts Posts: 349 ✭✭BabySlam


    I would cross out the offending parts of the contract, sign and return it.


  • #5
    freelancerTax
    Registered Users, Registered Users 2 Posts: 391 ✭✭freelancerTax


    BabySlam wrote: »
    I would cross out the offending parts of the contract, sign and return it.

    wouldn't it be more professional to just raise the issue with the employer and discuss it?


  • #6
    Guest2011
    Registered Users, Registered Users 2 Posts: 32 ✭Guest2011


    I have decided to sign the contract with the clause in it worst case scenario they do decide to look at my house I don't have anything to hide so I am not worried.

    Others have mentioned that the clause is unenforceable and that only public servants like the Gardai can search your premises and that would be on foot of a search warrant granted by a Judge, should I object they won't be able to enforce the clause as a breach of contract as no Judge will grant a civilian a search warrant, thats my understanding.

    It seems like making a mountain out of a mole hill to me, I am beginning to think the clause is harmless and will go ahead and sign it.

    Thanks.


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