Breaking news from 9 News Australia on Wednesday 9 August 2023 followed the story of a woman who was dismissed from her 18-year tenure at an insurance company, after her employer was unsatisfied with her work productivity and performance while working from home. What may seem a normal instance of workplace dismissal was made more controversial by the fact that the woman’s employer had been monitoring her laptop activity through logged keystrokes and assessing the amount of work she was doing from home.
Understandably, this has raised concerns from employees regarding their right to privacy in light of employers’ rights.
Is it legal for employers to spy on employees in this manner?
Yes – in NSW, employers can monitor the usage of equipment provided to employees for work purposes. Actions to be monitored can generally include time spent on work-issued devices such as laptops and phones, as well as the content of movements on such devices (i.e. text messages on a work phone). Reports also identify employees tracking location, mouse movements, and capturing screenshots.
How is this data obtained?
With the intention of more accurately measuring productivity and efficiency outside of the physical workspace, employee monitoring software saw a significant rise in demand during the COVID pandemic. The use of such spyware on company-supplied equipment has continued into the post-pandemic era, and concerns arise where the focus of the tool turns to surveillance and control. In most circumstances, employers must also notify employees of the software being installed on work-issued devices and explain what is being monitored, 14 days prior to the installation of such software.
What can employees do to protect themselves?
The key action to take is to check the terms of your employment contract and your workplace policy. These documents are essential as they:
- outline the extent to which your employer is entitled to monitor uses of work-issued equipment
- state the expectations of employee conduct in the course of work and consequences of failing to meet set standards.
As the panel discussion for the program noted, the increase of working-from-home arrangements and its normalisation during and after the peak of the COVID pandemic has ushered both positives and complexities in how workplaces function. The flexibility offered by work-from-home arrangements enable greater employee engagement and productivity for some. However, issues arise where the benefits are misused and create an imbalance between privacy protections for employees and employers right to enforce a standard of workplace conduct.
If you or someone you know wish to discuss this issue further, please do not hesitate to contact our offices on (02) 8917 8700.