We have an employee on long term sick leave who we believe is abusing our sick leave policy. Can we engage a private investigator to follow her to gather evidence that we can then use in a disciplinary process?Posted in : First Tuesday Q&A ROI on 3 April 2018
The engagement of private investigators by employers was, up until relatively recently, a commonplace practice but is now one that is fraught with legal risk. While a number of recent cases from the Workplace Relations Commission suggest that Adjudication Officers remain willing to consider pertinent evidence that has been obtained covertly, there is likely to be a marked increase in challenges to an employer's ability to rely on such evidence once the GDPR comes into effect.
The most significant legal risk for employers who wish to engage a private investigator to conduct covert surveillance on an employee is the risk of a complaint by the employee to the Office of the Data
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