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Digital evidence in dismissals and misuse of company equipment

In dismissals for misuse of company resources, the evidence usually sits on the computer, in corporate email or in access logs. Its weight depends on having been obtained and preserved in a demonstrable way, and within the legal limits on workplace monitoring.

What can be established

  • — Use of the computer or corporate email on specific dates
  • — Information taken out of, or sent beyond, the organisation
  • — Installation or use of unauthorised applications
  • — Access and connection activity recorded by the systems

What I need to start

  • — The computer, the corporate mailbox or the system logs
  • — The company's acceptable use policy, if there is one
  • — The period and the specific facts that need to be established