Portugal: Surveillance Footage and Just Cause – Decision by the Évora Court of Appeal
The Évora Court of Appeal upheld the validity of a dismissal for just cause based on surveillance footage. The decision highlights the importance of surveillance systems in protecting company assets and addresses legal controversies surrounding their use.
Case Overview
The case centred on the dismissal of an employee who had been accused of misappropriating company’s property during a night shift. The employer presented surveillance footage as proof of the employee’s unauthorised appropriation of company property. Initially, the lower court deemed the evidence insufficient and declared the dismissal unlawful. On appeal, however, the Court of Appeal sided with the employer.
Controversy and What’s New
This case provides significant clarification on the use of surveillance footage in disciplinary proceedings. The employee argued that GDPR and local employment law (prior to GDPR) imposed stricter restrictions on the use of such footage, particularly in the absence of prior authorisation. The Court of Appeal concluded that under GDPR, prior authorisation is no longer required, provided that the surveillance complies with principles of transparency, proportionality, and data minimisation.
Just Cause and Breach of Trust
Therefore, the court determined that the footage unequivocally showed deliberate misappropriation of company assets, constituting a serious breach of trust, loyalty, and professional duty. This breach of trust was sufficient to justify dismissing the employee for just cause, even without the outcome of the parallel and ongoing criminal proceedings.
Implications for Businesses
This decision clarifies the conditions under which currently surveillance systems can be used in disciplinary cases. Properly implemented and clearly signposted systems, aligned with GDPR principles, are recognised as legitimate tools to protect businesses’ interests. Employers must ensure that their monitoring practices meet legal and ethical standards, balancing compliance with operational security.
