The Supreme Court stated that the action of recording without informing the participants of a meeting “constitutes at least anomalous conduct”.

For Jorge Arredondo, a partner in az’s labor group, the Supreme Court’s pronouncement is of particular relevance, as it had previously upheld the act of recording conversations.

The Supreme Court had a thesis, regarding a case, where workers recorded a person, from the Labor Relations Department, who made comments in the context of a strike and considered that this conduct (recording) was not an invasion of the privacy of that manager, because information of labor content was transferred. This conduct was then validated and condemned as an anti-union practice. So we had that parameter previously“, says Arredondo.

However, he explains, the situation is different now, since the person recording is an executive and the courts are questioning his actions.

This marks a limit and a scope of the behaviors that are tolerated. And furthermore, what is relevant in this case is that there is a greater judgment of reproach by virtue of the position that this worker had in the company” Arredondo points out. For the lawyer, it is also relevant because this case shows that “the grounds for termination of the contract obviously also have a subjective content, depending on who carries out the unlawful conduct. It seems to me an extremely relevant ruling, which establishes a clear position in this regard and which I believe will have repercussions in the future with respect to the modeling of labor conduct within the company“.

Source: Diario Financiero, January 25, 2023.

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