Unsurprisingly, any activities conducted in secret tend to be frowned upon in the workplace. Whether undertaken by the employer or the employee, “secret” recordings are never appropriate – as a Victorian health worker recently discovered.
The hospital services attendant refused to follow her employer’s direction that all workers had be vaccinated against COVID-19. As a result, she was suspended and later sacked via a Zoom video call. The worker secretly recorded this video call – an act that has been deemed by the Fair Work Commission to be serious misconduct.
In their assessment of the unfair dismissal claim lodged by the hospital services attendant, the FWC said the worker’s secret recordings added to the list of reasons why her sacking should be upheld.
Is it ever appropriate to record a meeting?
Absolutely – it’s completely fine to take notes or record a meeting, provided this is mutually agreed in advance. Recording a meeting can actually be quite helpful, particularly if there is a lot to be discussed in a short space of time.
It’s in the interest of both employer and employee alike to ensure the accurate recollection of meetings and ideas at both virtual and face-to-face meetings, provided that everyone is aware of the recording, and nothing is recorded secretly.
Recording can be illegal as well as unethical
While the law varies from state to state, typically the law says that a person must not knowingly install, maintain or use a listening device to overhear, record, monitor, or listen to a private conversation – a private conversation being one that’s only intended for the people involved.
Therefore, if a meeting is recorded secretly, it could constitute a criminal offence, facing a fine or even possible imprisonment.
That’s why it’s so important to gain consent if you’re recording a meeting. As an employer, it’s also important to update your internal policies to ensure that they reflect our different ways of meeting.
Need help? Call the HR Dept.