WA Voice Recording of Conversation Without Consent - Legal?

Discussion in 'Employment Law Forum' started by The Miner, 12 January 2017.

  1. The Miner

    The Miner Member

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    During the course of my work, I was talking to someone in Perth on the phone. At no time was I told that the conversation was being recorded or may be recorded. This conversation is now being used against me for disciplinary reasons.

    Is voice recording without consent legal under Employment Law? Do they not have to inform me that the conversation is being recorded?
     
  2. Rod

    Rod Well-Known Member
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    Who was in Perth, you or the other person? Where was the other party?

    Did you say anything that gives grounds for disciplinary action against you?
     
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  3. The Miner

    The Miner Member

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    The other person was in Perth at a company department I was up onsite. I did say something wrong, yes, I'm not denying that I stuffed up. What I am asking is if there is a law that states that I must be informed if the phone conversation is recorded.

    My colleagues and I have never been told that these conversations are being recorded and I'm not sure if it is a legal requirement to do so.
     
  4. Rod

    Rod Well-Known Member
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    You - Onsite in WA? Another state? Overseas?
     
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  5. Serge Gorval

    Serge Gorval Well-Known Member
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    No, you can't covertly record someone and later attempt to use that recording in evidence. You need to challenge this on an evidentiary basis. However, do not forget that the person you were speaking to could provide evidence of the recording nonetheless, just not the recording itself.
     
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  6. The Miner

    The Miner Member

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    Onsite in WA
     
  7. The Miner

    The Miner Member

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    Thanks Serge, I have spoken with some of my colleagues and they seem to think that my company have something in their policy that allows them to do this. I haven't sat down and gone through the policy yet but I will. Thanks for the info anyway.
     
  8. Rod

    Rod Well-Known Member
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    Keep in mind that if they do not tell the staff, it is likely to be illegal.

    But as as Serge says, they don't need a copy of the recording.
     
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