Getting in front of covert recordings

By Murray Procter and Carly Traeger

An employee may want to record a conversation in the workplace for any number of reasons. They might think their manager is trying to set them up to get them into trouble. They might be trying to catch out alleged bullying or discriminatory behaviour. Any conversation at any time could be recorded, and the employer may be none the wiser.

Several recent decisions of the Fair Work Commission have addressed the issue of whether recordings made by employees without the knowledge of their employers can be admitted as evidence in unfair dismissal proceedings. The verdict: it’s not all bad news for employers.

Isn’t making a recording against the law? It depends which part of the country the employer’s business is located as to whether making a covert recording is against the law…

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