The Court of Appeal of Luxembourg recently issued three long-awaited rulings on employers' control over employees. One was on controls via private investigators, the other via another employee in the company, and the last one on controlling emails and electronic files. Guy Castegnaro and Ariane Claverie, lawyers at the Castegnaro law firm, member of Ius Laboris, are explaining these case laws to Planet Labor. (Ref. 120445)
1. Control via private investigators.
Can employers prove their employees’ wrongdoing with a report written by a PI? In a recent case, the employer managed to prove that an employee (an employee representative) was working, while he was on sick leave, for his own mobile home rental company in Germany (doing tasks that required a certain amount of physical effort). Based on this report and other things, including a colleague’s testimony), the employer immediately suspended the employee and aske
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