An employer may be liable to pay compensation if it can be installed at the entrance to his business premises a camera that not only monitors the input, but also the employees work behind it. This is shown by a recent decision of the Hessen State Labour Court (Case No.: 7 SA 1586/09).
The verdict was based on the complaint of a clerk who worked in a branch of a nation-wide company.
violation of individual rights?
was the office of the applicant, directly opposite the entrance to the office. Her employer was the entrance, a video camera attached, which would serve in his words, to protect employees from harassment by non-operating people.
The camera was directed not only at the entrance, but also the workplace of the applicant. This felt by heavily in their personal rights violated and demanded redress.
But despite repeated request was for his employer not willing to limit the orientation of the camera only on the input range, which technically would have been no problem.
Successful action
The employee then went to the Labour Court. In her action, she asked her employer not only a different orientation of the camera, but also the payment of damages.
with success. Both the Labour Court and the called in by the employer appeals court gave the state labor complaint on the merits rather than after. Only to the amount of passes from the employer to be paid damages, the courts to different assessments.
Basically, the judge has violated the employer in a serious and persistent way the right of informational self-determination of its staff.
Expensive tenacity
the objection of the employer that the camera was not always on, and was attached to the safety of the employees were not considered judge.
"For only the uncertainty about whether the camera records real or not, has suspended the applicant a permanent monitoring of pressure that they had to accept it, especially as an alignment would have been possible," According to the court.
In the first instance granted the applicant by the Labour Court Wetzlar or compensation in the amount of 15,000 €. The Hesse state labor court ordered the employer in the appeal hearing under all the circumstances, but only to pay compensation of 7,000 euros.
security in disputes with the employer
The verdict shows that you do not accept everything without complaining has to do what the employer. However, however, that in a work dispute in the first instance of the employer and the plaintiff worker must take whatever the outcome of the respective costs.
self then, if the employee wins, as in the case identified the dispute, he must pay his legal fees and court pro-rata costs. Nevertheless, one does not always for financial reasons, waive his right.
An existing private and professional legal protection insurance covers namely in the insurance case, the cost for such, but also for numerous other disputes. More information is on our comparison calculator.
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