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  • 25Sep

    Are you confident your business complies with the workplace surveillance legislation?

    The workplace surveillance legislation in NSW requires employers to give written notice of surveillance at least 14 days prior to the surveillance commencing.

    Many employers often fail to comply with the stringent requirements of the legislation. This often results in the workplace surveillance recordings being deemed as inadmissible as evidence in court. This can be problematic for any employer.

    For example, many employers fail to include the following mandatory information in their written notice:

    (a) the kind of surveillance to be carried out (camera, computer or tracking);
    (b) how the surveillance will be carried out;
    (c) when the surveillance will start;
    (d) whether the surveillance will be continuous or intermittent; and
    (e) whether the surveillance will be for a specified limited period or ongoing.

    The best practice is to have an up-to-date and thorough workplace surveillance policy document adopted in your business to ensure compliance with the workplace surveillance legislation.

    To discuss the potential consequences for your business, and how we can assist your business to draft a compliant workplace surveillance policy document, please contact our Employment Lawyer, Simon Kumar, on 02 4626 5077 or skumar@marsdens.net.au.

    The contents of this publication are for reference purposes only. This publication does not constitute legal advice and should not be relied upon as legal advice. Specific legal advice should always be sought separately before taking any action based on this publication.

Marsdens Offices