On numerous occasions this law firm has been asked about the lawfulness and the possibility of providing recordings made by the employee at the time of dismissal or when a warning is being given by the company.
As a general rule, we must be cautious when we find ourselves in the presence of a recording of this type as it could violate a fundamental right, although when the dismissed worker himself is involved in the recording, the majority of the Courts admit its admission as evidence in the labour trial.
Today we bring to your attention a recent ruling handed down by the Supreme Court, civil division, in which a manager demanded compensation from a worker on the grounds that the recording had violated his right to privacy. The Supreme Court dismissed the claim as it understood that the recording did not violate any right to privacy, also understanding that given the situation in which a worker was being punished, there was reasonableness in the conduct carried out by the worker in making the recording with her mobile phone. The recording was carried out with the mobile phone on the company's premises.
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