FULL RECOMMENDATION
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : AUTOMATIC PLASTICS (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Foley Employer Member: Ms Doyle Worker Member: Ms O'Donnell |
1. Installation Of Closed Circuit Television Cameras
BACKGROUND:
2. UNION'S ARGUMENTS:
The Union affirmed that it had no objection in principle to the installation of a proportionate number of Closed Circuit Television (CCTV) Cameras. However, the Union stated that it is opposed to the proposed location of the cameras as well as the number of cameras the Company wished to install. Furthermore, the Union expressed a concern regarding the potential use of footage from the cameras in disciplinary procedures citing the 'high threshold' which the Data Protection Commissioner states is required to justify such a use of CCTV footage
COMPANY'S ARGUMENTS:
The Company stated that there are already eight cameras installed on the grounds of the factory and that sufficient internal CCTV cameras are required in order to properly investigate any incidents which may occur. Additionally, the Company believes the installation of CCTV cameras will enable it to improve the overall safety of all employees through better monitoring of workplace accidents.
RECOMMENDATION:
The Court has considered in detail the written and oral submissions of the parties.
The Court is aware of the concern of the Trade Union as regards the scope of use of CCTV in the operation of the Company’s disciplinary procedures. In addition the Trade Union has identified issues with regard to the number of cameras proposed to be deployed and compliance with prevailing Data Protection Legislation.
The Company asserts that its proposals for the deployment of CCTV arise from concerns as regards satisfying the needs of clients, site security, Health and Safety and investigation of issues of misconduct.
The Company is proposing to deploy 12 cameras within the facility. Proposals made by the WRC envisaged the deployment of 6 cameras only. The Court has been supplied with clear detail as regards the scope of vision of the six cameras incorporated in the WRC proposals.
The Court believes that engagement between the parties has resulted in a proposal from the WRC for deployment of cameras which is reasonable given the nature of the concerns of the Company and the Trade Union.
In all of the circumstances the Court recommends
•That the Company should install cameras in line with the diagram, including the diagram of camera vision scope, submitted to the Court.•That the Company revise its CCTV policy to emphasise with greater clarity that use of CCTV will be in line with the requirements of Data Protection Legislation.
•That the parties engage over a six week period to finalise arrangements as regards the use of CCTV in a disciplinary context. Those engagements should be informed by the content of earlier Labour Court Recommendations as submitted to the Court at its hearing in this case.
The Court so recommends.
Signed on behalf of the Labour Court
25 November 2016______________________
JDKevin Foley
Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to John Deegan, Court Secretary.