Australia's #1 for Law

Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!

NT Harassment - Is It Legal to Record Boss in the Car?

Discussion in 'Employment Law Forum' started by Jaxanna, 18 October 2017.

Tags:
  1. Jaxanna

    Jaxanna Member

    Joined:
    18 October 2017
    Messages:
    1
    Likes Received:
    0
    I live in Darwin, NT, Australia.

    I've only been working in this company for 6 months. I love my profession and my co-workers are amazing. The only draw back is my boss.

    I live in a very remote town (pop: 2k) and he is a pillar of the community, everyone loves him and I thought he'd be a good boss but since starting my employment I've realised he is anything but.
    He constantly makes sexual comments about myself and fellow co-workers. He has questioned me about my sexual orientation and since finding out I am a lesbian he has made comments about how much I would like getting into female customers pants.

    For instance, there was a complaint made from a customer about service and he said "I don't remember her face, but I remember her rack. I'm sure (my name) does too."

    During work hours he is tolerable. Still makes sexist remarks about the staff and customers, but jokingly enough that most people laugh it off. The problem I have is during the car rides to and from work. This is when he is especially crude. But mostly when we are alone and there are no witnesses.

    My question is, can I legally record audio conversations without his consent? And would these recordings be admissible if I was to make an official complaint to my company about sexual harassment?
     
  2. Rod

    Rod Well-Known Member

    Joined:
    27 May 2014
    Messages:
    3,610
    Likes Received:
    508
    He could be seeing you as 'one of the boys' and this can be complementary to you in an odd sort of way.

    Have you tried telling him to tone down his comments?

    You can record the comments, but if they are discovered the recordings may lead to you being sacked due to loss of good faith and trust.

    Some recordings are of limited value, some readily prove a case, other times recordings can work against the person doing the recording. It all depends on individual circumstances. There is no magic answer saying all recordings are good recordings.
     
    Stop hovering to collapse... Click to collapse... Hover to expand... Click to expand...
  3. Mary W

    Mary W Well-Known Member

    Joined:
    20 March 2015
    Messages:
    86
    Likes Received:
    10
    With respect I completely disagree.

    Firstly, in no way is sexual harassment a compliment, it is against the law. Unfortunately the Harvey Weinsteins of this world get away with it because they pick targets who often have to put up with it or risk losing their jobs. Jaxanna, I am sorry this is happening to you and I suggest you have a look at the website of the Northern Territory Anti-Discrimination Commission.It's www.nt.gov.au

    Secondly, there are circumstances in which it is OK to record conversations without the knowledge or consent of the other person. I can't give you specific advice about your situation but I suggest you have a look at smart safe.org.au, go to the Northern Territory section and then to surveillance legislation.

    Once again I am sorry to hear that you are having to put up with this.
     
    SamanthaJay likes this.
  4. Mary W

    Mary W Well-Known Member

    Joined:
    20 March 2015
    Messages:
    86
    Likes Received:
    10
  5. Clancy

    Clancy Well-Known Member

    Joined:
    6 April 2016
    Messages:
    314
    Likes Received:
    25
    What do you mean by 'car rides'?

    Are you giving him a lift in your car or is he giving you a lift in his car? If so, why would you continue getting lifts with him?
    If it is your car, then fit a dash cam with sound recording..... it is for the purpose of recording when you are driving, you have every right to do this. If it is his car, then you don't have the moral and possibly legal right to record him.

    Anyway, since the car rides are presumably outside working hours then the Boss probably considers it is a private situation away from the obligations as an employer.
     
Loading...

Share This Page

Loading...
gt;