Another form of dismissal in companies: it already counts as evidence

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A ruling from the Supreme Court of September 15, 2020, supports the use of GPS data in a company vehicle to justify a disciplinary dismissal if the worker is informed of its installation, advances

Chamber IV, Social Matters, of the Supreme Court determines in this ruling that the use of data obtained by a GPS geolocator installed in the company vehicle is lawful in cases in which:

The Supreme Court upholds the appeal of a company dedicated to the retail trade of telecommunications equipment and considers appropriate the disciplinary dismissal of a supervisor, agreed by the company due to the "intense use" of the company car that was assigned to her in a period in which She was on medical leave the weekend immediately before, despite the prohibition on the use of the vehicle for purposes other than work activity.

This use was recorded by the car's GPS location system, the installation of which the worker was informed at the time.

In the ruling, it is essential that the worker knew that the vehicle could not be used outside of working hours and, along with this, that it could be located through the GPS receiver.

From there the TS reasons that "we do not appreciate any invasion of their fundamental rights with the verification of the geolocation data that allows us to see that the indicated vehicle is used disobeying the company's instructions at times when there was no provision of services."

Likewise, the TS understands that "there is no invasion of the worker's private sphere, as it exclusively affects the location and movement of the vehicle for which, yes, she was responsible and must use in accordance with the agreement."

Thus, the court recalls that the use of vehicle location data in the terms indicated in the company's dismissal letter “does not reflect – nor is it capable of reflecting – any personal circumstances of the worker.

What it highlights is that the employee used it - or could have allowed others to do so - with manifest non-compliance with the instructions in this regard, given that, during the worker's rest periods from work, as well as during her sick leave, the GPS should have reflected the immobilization of the vehicle.”

For this reason, it upholds the company's appeal against the ruling of the Superior Court of Justice of Andalusia, which considered the dismissal null and void on the grounds that it was not correct to use the GPS data that corresponded to time periods outside the working day.

Telecommunications Supreme Court Justice Companies

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