WHAT TO KEEP AN EYE OUT FOR…
Oonagh Buckley to Replace Kieran Mulvey as Head of the Workplace Relations Commission
Oonagh Buckley has been announced as the successor to Kieran Mulvey as Director – General at the Workplace Relations Commission. The appointment of the Assistant Secretary on pay and pension’s policy at the Department of Public Expenditure and Reform was announced by Minister for Jobs Mary Mitchell O’Connor. In addition, current Deputy Chairman of the Labour Court, Kevin Foley, has now been appointed Chairman of the court.
Ms Mitchell O’Connor stated both individuals would “make an invaluable contribution in the years ahead to ensuring our industrial relations machinery operates effectively, and that employment rights of workers are fully respected”.
Pat Breen Junior Minister for Business and Employment stated the Workplace Relations Commission has “a broad expanse of functions that are critical to ensuring harmonious industrial relations and the protection of workers’ rights”.
“I believe Ms Buckley will provide the leadership and vision to ensure the WRC, as a new body, successfully delivers on its very challenging mandate,”
Nearly 1,000 Complaints in relation to Employers “spying on staff”
Launching her office’s annual report, the Data Protection Commissioner, Helen Dixon submitted that “certain situations, such as staff canteens and changing rooms, should be beyond the scope of Organisations monitoring staff.” The Data Protection Commissioner noted Organisations are not permitted to monitor Employees in work canteens or other places of ‘work privacy’.
The Commissioner noted one particular case in which a supermarket Employee was dismissed, after she placed a paper bag over a CCTV camera in her workplace canteen during her break. The Employee covered the camera because she wanted privacy while a colleague styled her hair, she told the Commissioner. The supermarket stated Employees were not allowed to block the CCTV as it was used as a means to prevent bullying. However, the Commissioner ruled that the use of CCTV was unjustified. “In our view, there was no justification from a security perspective for having a camera installed in the canteen area,”
Organisations have some rights to monitor staff for security purposes, Ms Dixon’s office said. But Employees also have “fundamental rights to privacy at work in certain situations, such as staff canteens and changing rooms.”
Another case noted in the report involved an Aircoach bus driver, who successfully argued that use of CCTV in the disciplinary process which showed her using her mobile phone while driving was a violation of her privacy. The Commissioner upheld the driver’s argument that there had not been sufficient notice of CCTV warnings for the driver at the time.
The report noted the need for Organisations to ensure all Employees are aware of the presence of CCTV in the workplace:
“Recognisable images captured by CCTV systems are personal data and are therefore subject to the provisions of the Data Protection Acts. The presence of a CCTV system should also be properly indicated. Notification of CCTV usage can usually be achieved by placing easily read and well-lit signs in prominent positions. CCTV should only be used for the purpose or purposes for which it is in operation, for example, security or health and safety. In general, it should not be used for other purposes: for example, staff monitoring.”
Oonagh Buckley has been announced as the successor to Kieran Mulvey as Director – General at the Workplace Relations Commission. The appointment of the Assistant Secretary on pay and pension’s policy at the Department of Public Expenditure and Reform was announced by Minister for Jobs Mary Mitchell O’Connor. In addition, current Deputy Chairman of the Labour Court, Kevin Foley, has now been appointed Chairman of the court.
Ms Mitchell O’Connor stated both individuals would “make an invaluable contribution in the years ahead to ensuring our industrial relations machinery operates effectively, and that employment rights of workers are fully respected”.
Pat Breen Junior Minister for Business and Employment stated the Workplace Relations Commission has “a broad expanse of functions that are critical to ensuring harmonious industrial relations and the protection of workers’ rights”.
“I believe Ms Buckley will provide the leadership and vision to ensure the WRC, as a new body, successfully delivers on its very challenging mandate,”
Nearly 1,000 Complaints in relation to Employers “spying on staff”
Launching her office’s annual report, the Data Protection Commissioner, Helen Dixon submitted that “certain situations, such as staff canteens and changing rooms, should be beyond the scope of Organisations monitoring staff.” The Data Protection Commissioner noted Organisations are not permitted to monitor Employees in work canteens or other places of ‘work privacy’.
The Commissioner noted one particular case in which a supermarket Employee was dismissed, after she placed a paper bag over a CCTV camera in her workplace canteen during her break. The Employee covered the camera because she wanted privacy while a colleague styled her hair, she told the Commissioner. The supermarket stated Employees were not allowed to block the CCTV as it was used as a means to prevent bullying. However, the Commissioner ruled that the use of CCTV was unjustified. “In our view, there was no justification from a security perspective for having a camera installed in the canteen area,”
Organisations have some rights to monitor staff for security purposes, Ms Dixon’s office said. But Employees also have “fundamental rights to privacy at work in certain situations, such as staff canteens and changing rooms.”
Another case noted in the report involved an Aircoach bus driver, who successfully argued that use of CCTV in the disciplinary process which showed her using her mobile phone while driving was a violation of her privacy. The Commissioner upheld the driver’s argument that there had not been sufficient notice of CCTV warnings for the driver at the time.
The report noted the need for Organisations to ensure all Employees are aware of the presence of CCTV in the workplace:
“Recognisable images captured by CCTV systems are personal data and are therefore subject to the provisions of the Data Protection Acts. The presence of a CCTV system should also be properly indicated. Notification of CCTV usage can usually be achieved by placing easily read and well-lit signs in prominent positions. CCTV should only be used for the purpose or purposes for which it is in operation, for example, security or health and safety. In general, it should not be used for other purposes: for example, staff monitoring.”
