In brief - As the workplace moves into private homes, more employers are utilising surveillance methods to monitor their employees' work performance and movements. Now more than ever, employers need to be aware of their legal responsibilities around surveillance and privacy in the 'workplace'.
Can employers really introduce home webcam surveillance of employees?
Do the rights of the employee and employer co-exist, or can they conflict?
Employers need to be aware of the relevant legislation in their state or territory to understand what is prohibited and when you can monitor your employees.
We have created an overview of surveillance legislation in each state and territory to help employers understand their rights and responsibilities:
Or, download our Surveillance legislation in Australia for the overview of all states and territories.
Our May 2021 article, Just how private are employee records is also a must read for employers grappling with employee privacy and data protection rights against the background of the “employee records exemption” in the Privacy Act 1988 (Cth) and the comprehensive workplace relations regime in the Fair Work Act 2009 (Cth).
This is commentary published by Colin Biggers & Paisley for general information purposes only. This should not be relied on as specific advice. You should seek your own legal and other advice for any question, or for any specific situation or proposal, before making any final decision. The content also is subject to change. A person listed may not be admitted as a lawyer in all States and Territories. © Colin Biggers & Paisley, Australia 2022.