Privacy at work: Can an employer check your locker?

Questioner

Good day, Dutch law is vague when it comes to Privacy at work. It is often the case law that must provide clarity. My question is this: (when) is an employer allowed to check the contents of an employee's locker (changing cabinet, safe, desk drawers, etc. lockable) and if so, how should this be done? The collective labour agreement and other company rules do not describe anything of this nature. Dutch law speaks of 'weighty arguments', but does not provide a definition. Can you bring some light into this darkness? Thank you in advance. Rob.

Lawyer

An employer may always inspect his property. If the employee is provided with a lockable locker or cupboard for personal belongings, i.e. not a desk drawer or desk cupboard, the employer will have to demonstrate that his interests outweigh those of his employee (his privacy) before such an inspection takes place. In practice, the opening usually takes place in the presence of witnesses, police, corporate investigation or security. It is also common for a report to be made. An opening by a single person on behalf of the employer can be unlawful and in principle does not provide usable legal evidence. Compelling reasons include suspicion of theft of company property, indications of slander of colleagues and suspicion of placing a hidden camera in the locker. It is up to the judge to judge whether the violation of the employee's privacy was lawful.