Hi, it’s Deborah and Euzi
A very interesting case of “unfair dismissal” has caused to consider that if an employee makes a covert recording while at work that will not necessarily amount to a breach of trust and confidence entitling the employer to dismiss them. The judgement in this case provides a helpful indication of relevant factors to judge whether that action will amount to a breach of the term of trust and confidence including:
- what is recorded (eg is it highly confidential information or material that would have been shared anyway?)
- the purpose of the recording (eg is is to entrap or simply assist recall?)
- the extent of the employee’s blameworthiness for making a recording (eg did the employee make the recording in defiance of an instruction or has the employee not even thought about it?
- any evidence of the attitude of the employer to such conduct (eg does the employer list it as an example of gross misconduct?)
For further information on the case go to:
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