The recent case in the European Court of Human Rights upholding a Romanian employer's right to use personal electronic communications as evidence to justify the dismissal of an employee has caused waves in the European employment law community. My comments on this case are included in this article.
“In this particular case, what happened was the employer had asked the employee to set up a Yahoo messenger account for work purposes. They had then discovered that he had been using it for personal reasons. The company then engaged in disciplinary action and terminated his employment,” Ms Rush said. Following his sacking Mr Bărbulescu went on to challenge his dismissal in the Romanian court before taking it to the European Court of Human Rights on the basis of a breach of European convention of human rights in relation to the right of privacy. “The court said the employer having access to the messenger account and using the transcripts of his communications as evidence was not a violation to the right of privacy.”