A Dutch court has set aside a summary dismissal after an employer secretly checked an employee’s login records. The court found that the records gave too narrow a picture of the manager’s work. It also found that the investigation breached the AVG in these circumstances.
Why this matters
The employer had 20 staff, and the three main awards totalled €83,611.29. Legal fees, payroll processing, management time, replacement cover and lost knowledge may add to that bill. Login records show access to a system, not every call, meeting, document review or decision. Treating them as a full hours record can leave an employer with a weak dismissal file and the original work problem unresolved.
Example
Outstanding documents and a reminder raised concerns. The employer secretly checked the finance and IT manager’s login and logout records for about a month, then dismissed him immediately. The court found that the investigation breached the AVG in these circumstances. It also found the records too limited to show that he had structurally worked substantially fewer hours. The employer had not discussed the concerns with the manager first.
XTROVERSO tips
- Start with the work problem. Write down what was due, when it was due and what remains unfinished. Check the effect on customers, suppliers, payroll, tax or cash.
- Speak with the employee first. Ask what happened and record the answer. Check priorities, workload, system access, meetings and work completed outside the main platform.
- Define what the data measures. A login log records access. It may not record working hours, output or availability. State its limits before adding it to an employment file.
- Check your privacy rules. List the employee data your business collects, its purpose and who can see it. Confirm what staff have been told about monitoring and later use.
- Review works council requirements. If your business has a works council, check whether consent is required for monitoring, employee-data processing or staff assessment arrangements.
- Add a second reviewer. Ask another director, HR adviser or employment lawyer to challenge the evidence and proposed response. Do this before dismissal paperwork is prepared.
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The data, sourcing, and analysis behind this article were conducted by Linda Pavan. AI was not used to identify sources, build the factual basis, or produce the analytical judgment contained here. AI was used only as a drafting aid. The final English text was personally reviewed, edited, and approved by Linda Pavan before publication.
