Employment Law Top Tips Seminar Jan 2015

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Employment Law Top TipsWednesday, 21 January 2015

Ger Connolly – gconnolly@mhc.ie

Orla O’Leary – ooleary@mhc.ie

Avril Daly – adaly@mhc.ie

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Monitoring email and internet usage

Bring Your Own Device

Orla O’Leary – ooleary@mhc.ie

The Evolution of Technology

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The BIG Question

Can I Monitor?

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It’s a Balancing Act

Article 40.3 of the Constitution

European Convention of Human Rights

Data Protection

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Protect Employer’s Business Interest

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The Rights of the Employee

Article 40.3 of the Constitution

The Right to Privacy is seen as one of the unenumerated personal rights of a citizen protected by the Constitution.

• Any limitation of the right to privacy should be proportionate to the likely damage to the employer’s legitimate business interest.

European Convention of Human Rights“Everyone has a right to respect for his private and family life, his home and his correspondence”

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The Rights of the Employee contd

Data Protection

• The collection, use and storage of information about workers = personal data.

• Processing of personal data must be:• Obtained and processed fairly; • Adequate; • Relevant; and • Not excessive.

• Consent must be given freely and fully informed

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Acceptable Usage Policy

• Clearly set out the parameters for use of Electronic communications and IT Systems.

• Monitoring– “We reserve the right monitor your use of electronic

communication and IT systems on an on-going basis. Furthermore in circumstances where we suspect that you may be breaching the terms of this policy, your contract of employment, any professional or corporate standards or policies or are doing anything unlawful or untoward, we may intercept, access or monitor your electronic communications”

• Disciplinary action up to an inducing dismissal.

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Bring Your Own Device

Benefits– Flexibility– Cost saving– Increases employee morale/satisfaction

Risks– Confidentiality / Security / Control– What happens on termination of employment– Expectation on privacy– Right to Monitor

Tips– Deal with it in your policy– Install protective software

• Company data wiped remotely• Separate personal and professional workspace

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Social Media in the Workplace

CCTV

Avril Daly – adaly@mhc.ie

Benefits vs Drawbacks

Benefits:

• Publicity

• Marketing

• Recruitment

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Drawbacks

• Discrimination?

• Damage to reputation

• Release of confidential business information

• Vicarious liability for bullying and harassment

• Reduction in productivity

How to deal with 'cyberslacking'

• Block access to social media sites entirely

• Impose limits on access

• Monitor computer usage

CLEAR POLICY

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“Facebook Fired”

Social Media is not private

Apple Case: Employee criticised Apple’s products on Facebook. Tribunal: posts were not “private” because the posts could have been forwarded by his Facebook “friends”.

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Drafting Your Policy

• General internet usage policy OR stand alone policy

• Appropriate / inappropriate use

• Personal / professional use

• Consequences and sanctions

• Prohibited Conduct

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Other Emerging Trends

• Make sure employees actually get the policy

• Damage to reputation?

• Not enough to simply disagree with comment

• Co-operation by employee

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How Serious is the Comment?

“[The employer company] is a f’n joke....dont spend your money there as

they are f...in crooks and are out to hose you ... there a bunch of greedy c…sucin low life scumbags... wanna know how I

really feel??????”

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CCTV

Overt Monitoring

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Covert Monitoring

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Top Tip

CLEAR POLICY

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Employment Law Top Tips Q&A

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