NSW Audio Surveillance in Workplace

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13 February 2020
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I work in a small cafe/bar. My employer has several cameras connected to the internet. She regularly watches us online. I guess that's ok, uncomfortable but ok. She just wants to check up on the place. However it has become clear that these cameras have audio capabilities as she will call or text to tell us to "stop gossiping" or many other things that she could only know by listening to our conversation.
From time to time she will request a sit-down chat and during that talk will bring up things verbatim from conversations had whilst she was not present. Every staff member has noted this so it's quite obviously not a "mole" relaying conversations. Everyone independently has had this occur even of phone conversations as the only person working at the time.

My question is: Is it legal to record audio in the workplace when there is no mention of it in the employment contract, no signage in the workplace (cameras are clearly visible though) and no implicit or explicit verbal agreement?
It feels violating, particularly as everyone complains about thier boss. Even if you generally think they are an ok person we all have a winge at work but don't necessarily want them to hear it or to hear the myriad other deeply personal conversations between colleagues on a quiet night.
Is it legal?
 
13 February 2020
2
0
1
I work in a small cafe/bar. My employer has several cameras connected to the internet. She regularly watches us online. I guess that's ok, uncomfortable but ok. She just wants to check up on the place. However it has become clear that these cameras have audio capabilities as she will call or text to tell us to "stop gossiping" or many other things that she could only know by listening to our conversation.
From time to time she will request a sit-down chat and during that talk will bring up things verbatim from conversations had whilst she was not present. Every staff member has noted this so it's quite obviously not a "mole" relaying conversations. Everyone independently has had this occur even of phone conversations as the only person working at the time.

My question is: Is it legal to record audio in the workplace when there is no mention of it in the employment contract, no signage in the workplace (cameras are clearly visible though) and no implicit or explicit verbal agreement?
It feels violating, particularly as everyone complains about thier boss. Even if you generally think they are an ok person we all have a winge at work but don't necessarily want them to hear it or to hear the myriad other deeply personal conversations between colleagues on a quiet night.
Is it legal?
Probably should have mentioned that my workplace is in NSW Australia.
 

Rod

Lawyer
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