Extract
[...] In the first place, the employee has the right to respect the principle of secrecy of correspondence, including in cases where the employer would have forbidden the use of personal mail in the company. In the second place, the correspondence addressed to the employee at their workplace is subject to a presumption of professional character. To resolve the practical difficulties of articulation of these two elements, the Court of Cassation has established the principle that correspondence addressed to the employee at their workplace that is not identified as being personal is presumed to be professional which authorizes the employer to access it. [...]
[...] EN SPECIES: minor fault but goes too far if dismissal. VALIDITY OF THE USE OF VIDEO SURVEILLANCE CAMERAS INFORMATION OF EMPLOYEES IN ADVANCE OF THE USE OF VIDEO SURVEILLANCE In law, under its power of direction, the employer has the right to carry out surveillance of the activity of its employees (CASS., SOC APRIL 2006), during their working hours (C. CASS. SOC JAN 2022) provided that they and the social and economic committee are informed, in accordance with the article L.1222-4 of the labor codel, in that he does not have that no 'information concerning a salaried employee personally can be collected by a device that has not been previously brought to his knowledge ». [...]
[...] In addition, there is the question of the right to disconnect, which arises, because if the chip never disconnects, it could become a real permanent tracking tool for employees, and their slightest movement, their entry and exit from the company, their use of toilets and break rooms, whereas, article L.1121-1 of the Labour Code provides thatno one may impose restrictions on the rights of individuals and collective freedoms that are not justified by the nature of the task to be performed or proportionate to the desired goal », at the risk of also encroaching on the principle of the human body's inviolability. III) LA JUSTIFICATION OF A TERMINATION BASED ON INFORMATION COLLECTED FROM A FILE TITLED "PERSONNEL AND CONFIDENTIAL" In fact, after the bank's closure, the security manager consulted the content of the computers, but intrigued by a file titled "personal and confidential" on Mrs. Dudéfin's workstation, he decided to open it and found in a file accounting elements, not those of the bank. [...]
[...] However, the CNIL attests in a decision of July that for the case of sensitive posts, video surveillance, such as handling, would be justified only by a particular situation or risk to which the people filmed may be subject. The Use of Recordings as Evidence to Justify a Termination THE ISSUE OF ADMISSIBILITY OF ILLEGITIMATE EVIDENCE In principle, the employer has the right to rely on their video surveillance recordings as evidence of termination, provided they have respected the conditions for the validity of the use of video surveillance, in accordance with the jurisprudence prior to 2020 of the Court of Cassation, or if the conditions are not respected, the legality of this mode of proof is called into question, because we enter the field of illicit evidence, and the termination can easily be requalified as unfair and serious. [...]
[...] CASE OF 2003 - BERMUDA: the employee's lawyer had the idea of going on gender discrimination (gives up her idea on appeal) who says a woman can wear a short outfit and there's no reason why a man can't. EARRING PORT : an employee was fired for wearing an earring, the defense went on a path of gender discrimination. DISCRIMINATIONS - Inequality based on discrimination. =this is the strongest and possible penal sanction. - Perhaps due to his religion, political opinion. LIST OF DISCRIMINATIONS ART. [...]
