Establishing Boundaries: Employees, Employers and Workplace Monitoring

Abstract

This chapter examines workplace monitoring in Australia. Competing interests between those of employees and employers are outlined. Recent decisions by courts and tribunals in Australia are considered. Information technology or acceptable use policies that are part of the contract of employed are identified as a means of establishing boundaries. The relevant reports of both the New South Wales Law Reform Commission and the Victorian Law Reform Commission are also discussed. The idea that Commonwealth legislation could be enacted to simplify the process of establishing boundaries is noted. This activity should be viewed more generally as strengthening the protection of privacy in Australian law. Management and workers both have responsibilities in establishing boundaries with regard to workplace monitoring. Effective communication between employers and employees is an essential part for creating a culture of respect and trust within an organization.