Siyabonga’s* employer accused him of stealing cable from the factory, and as a result has fired him. His employer claims to have CCTV footage of Siyabonga stealing the cable. Siya says it’s a lie, because he was at home with his wife and kids when the theft happened. He wants to know when CCTV footage can be used as evidence at the CCMA. Scorpion discusses what makes CCTV footage valid in a hearing or disciplinary, and what the law says about it.

Scorpion Legal Protection’s advice

Firstly, it’s important to know that every employer is entitled to protect their property and can install security cameras in the workplace. The employer has a duty to inform all employees as well as customers that there is CCTV at the premises so that the trust factor between the employer and employee is kept intact. It’s acceptable for an employer to install cameras in the general office and other work areas, but installing cameras in bathrooms and/or changing rooms is regarded as grossly irregular, and is an invasion of the employee’s privacy.

CCTV footage may be accepted by the CCMA and other tribunals if:

• The videotape is clear. This means that visuals and audio must be sharp.
• The video must be authenticated. In addition to the tape being clear, it must be shown not to have been tampered with in any way.
• The visuals and audio accurately reflect the incident in question and not some other incident.
• The evidence provided by the videotape must not be hearsay and must not be contradicted by other evidence.
• The video should not be part of an illegal entrapment exercise.

Tips:

• There is no hard and fast rule on whether or not CCTV footage can be used as evidence. Each case will have to be decided individually.
• An employer should have policies in place relating to email, internet and phone usage, and the right to monitor staff via CCTV. This policy must be communicated to all staff members.
• It is not illegal for an employer to install CCTV cameras, as long as these are not in private areas like bathrooms.

If you have a query, follow us on our Facebook page and ask your question during our next Live Q&A (every first Thursday of the month).

* This is only basic advice and cannot be relied on solely. Names have been changed to protect identity.