WA Audio Surveillance in the Workplace - Legal Under Employment Law?
- Thread starter SamanthaF
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- employment law
The handbook /contract says surveillance will include;
• any form of visual recording devices including all types of camera, such as CCTV cameras and
• electronic recording devices in any part of the workplace.
The Employer reserves the right to review and use the CCTV in disciplinary proceedings.
Yes he is!!
Handbook and contract include 68 pages. I feel that my job is being threatened basically every subject.
If there are no other jobs around at present, take it and look around for another one while earning an income.
Tim or Rod, can you share what you know about visual recording/cctv in the workplace? I'm an employer and have security cameras with visual recording - I had it installed in case of break in/robbery, possible customer liabilities AND because I followed suit of a previous employer (large company) that had the whole place except for staff room and toilets covered with cctv and there were times it was used to monitor staff after theft had taken place and also workplace injuries. Workcover actually requested footage when claims were made and also after one employee returned to work.
I have at times (I can monitor remotely) checked live video when I have had issues with employees having others clock on for them and at other odd times just because I can. What is the difference in me being there and checking on employees or using a camera to check on employees? All employees are aware of the cameras and I have informed them that I may remotely monitor the workplace.
Does this make me an abusive employer?
None of the employees seemed to take issue with the cameras until recently the manager informed me that when I was not at the workplace one day, one of the employees had informed all of the employees that it was illegal to use the cameras to monitor staff remotely and therefore not to worry, because none of them could have their employment terminated based on anything recorded on the camera.
I have not been able to find any clear cut answers about what is legal or not. I'm in Victoria The company I worked for in the past were a very large company with inhouse legal team. I doubt that they would have been doing anything illegal in regard to monitoring staff via visual recordings.
Time.
How would you feel if your boss/someone sat on a high chair behind you watching you every minute of the day? This is the perception some people have about cameras. And I wouldn't be telling staff you remotely watch during the day. Plus you should only watch if an incident is brought to your attention that requires your intervention/consideration.
Should be stated in the office procedures manual, and a prominently placed sign.
Suspect this person doesn't have any legal qualifications. They are wrong. Though maybe you should not correct this mistake, it helps settle their unease, at least until you sack someone and use video evidence.
It all depends on your use of the recordings and what you do with the information. For instance, if you see person X picking their nose and then tell everyone that person x picks their nose, then that is abuse of the information.
Monitoring entry of passwords and seeing computer screens can be a crime if your intent is to use the data.
Depending on the size of your business you may also need to comply with the Australian Privacy Principles. Probably should comply with them regardless of size, they are a reasonable set of principles and in my view are only the minimum set of what should be implemented.
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