Recording Conversations in Queensland Workplaces: Legal Insights and Practical Advice
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Recent legal cases indicate a trend where some employees covertly record discussions at work without other parties’ awareness or consent. Typically, these recordings are made by employees dissatisfied with some element of their job. These recordings often emerge as evidence in cases involving unfair dismissal, workplace bullying, or sexual harassment.
The Legal Standing of Recording Conversations at Work in Queensland
The legality of recording conversations varies across different parts of Australia. In Queensland, the Invasion of Privacy Act 1971 permits an individual to record a private conversation without consent, provided they are an active participant in the dialogue. However, sharing the recorded conversation is only allowed in certain situations. For example, the recording could be shared if the other involved parties give their consent, within legal proceedings, if it serves the public interest, or if it is deemed reasonable in all circumstances.
Grounds for Dismissal Due to Recording Conversations at Work
Employees generally feel that they need to record conversations with their employer to protect and safeguard their rights at work. Whilst covert face-to-face recordings in Queensland workplaces are not illegal, there is case law that states it does provide valid grounds for disciplinary measures or dismissal. The Fair Work Commission has ruled that secret recordings erode trust between employer and employee, undermining the employment relationship’s core.
In a recent example, the Fair Work Commission rejected an Unfair Dismissal Application when it was found that the employee had secretly recorded a conversation she’d had with her former employer. The employee attempted to submit the secret recording as part of her evidence in the Unfair Dismissal proceedings. In its findings the Fair Work Commission agreed that the employer had acted unfairly towards the employee. However, the employees actions to secretly record her employer was “contrary to her duty of good faith and fidelity to her employer” and it “undermined the trust and confidence required in the employment relationship”. Therefore, the termination of the employee’s employment was considered valid.
How to Respond
It is recommended that workplace policies and procedures contain relevant information and the organisations position on recording conversation in the workplace. These policies should be made clear to all employees including at induction and through regular updates and re-training.
Otherwise, employers should be aware that in some cases secret recordings in the workplace could be a sign of deeper cultural issues. If employees feel that they need to act in this way to protect themselves this can be a red flag that employers should take immediate notice of.
If an organisation discovers that an employee has been secretly recording conversations in the workplace, the first step is to undertake an independent investigation into the matter. This will help employers get to the bottom of any issues and ensure that they are upholding their duties to foster a safe and respectful environment. For tips on how to conduct a proper investigation process read our blog here.
Should you need assistance with workplace investigations or employment matters, contact Preston HR for expert advice and guidance.