The impact of COVID-19 extended the concept of workplaces, with government restrictions during lockdown mandating working from home. This has paved the way for new forms of working, and the rising prevalence of hybrid workplace models has changed how employers manage their employees.
One example of how employers have adapted to hybrid and remote work is through increased employee monitoring. If businesses provide legal notice, they can implement a workplace monitoring and surveillance policy.
A workplace monitoring and surveillance policy has benefits such as security and increased productivity, the latter being a growing concern for employers whose teams are increasingly working from home. It’s important that employees are aware of the policies in place and how they are monitored. Transparency is paramount to building trust, enhancing productivity and modelling ethical behaviour in the workplace.
Being open and honest about your workplace surveillance policy isn’t just the right thing to do ethically - it’s legally required in New South Wales and the ACT.
What Is Workplace Surveillance?
Workplace surveillance refers to the monitoring of the workplace and employees, as well as the collection of data on employees’ work patterns.
This can be for security reasons, such as having a security camera policy in the workplace.
Increasingly, however, this has extended for the purpose of monitoring productivity, including the tracking of computer usage such as keystrokes, mouse movements, websites visited, and application usage. GPS tracking may be used to track employee location, especially for jobs involving field work. Email and chat communications may also be tracked, including for monitoring compliance with organisation policies.
Workplace surveillance may extend to monitoring employees through cameras and audio, even in remote working situations. Cases are arising of workers being terminated due to unsatisfactory performance tracked under a workplace monitoring and surveillance policy.
What Is Employee Monitoring Software?
Tech companies have not failed to capitalise on the trend of employee monitoring for hybrid and remote workplaces. 'Bossware' is a new type of software that has emerged, with over 500 commercial applications available on the market as of December 2023. The global employee computer monitoring software market is expected to grow to over $AUD 2.5 billion by 2029.
Most commonly, employers track web browsing and application use. But these software products can do everything from taking screenshots, activating webcams and microphones, and logging keystrokes and mouse movements.
Furthermore, new software incorporates artificial intelligence and algorithms to analyse the data collected. Some products offer a 'risk score' or a 'productivity score' for employees, rating them on their productivity or likelihood of being a security threat.
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What Are the Legalities of Workplace Monitoring and Surveillance Policy?
In Australia, there is no federal legislation which specifically addresses companies’ workplace monitoring and surveillance policy, but New South Wales does have the Workplace Surveillance Act (2005) which has been amended over the years, while the ACT has the Workplace Privacy Act (2011).
The Workplace Surveillance Act (2005) in NSW dictates that “surveillance of an employee must not commence without prior notice in writing to the employee.” This notice must be given at least 14 days in advance, and must indicate when the surveillance will start, whether it will be continuous or intermittent, and whether it will be for a specified period or ongoing.
The employer must also disclose the kind of surveillance that will occur, whether it be via camera, computer, or other forms of tracking. While not legally required throughout Australia, the Workplace Surveillance Act (2005) provides a good framework for a company’s workplace monitoring and surveillance policy.
Why Is Transparency Important for a Workplace Surveillance Policy?
Establishing a workplace monitoring and surveillance policy can be tricky, as it can often have an impact on employee morale and culture. Being transparent and having an open line of communication can help achieve a better workplace environment.
When employers are transparent about their workplace surveillance policy, they can communicate their reasoning and clarify expectations for their employees. With this understanding in place, employees can provide feedback and discuss the matter with their managers. This can reduce and resolve issues that may arise.
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How Can Transparency Be Implemented Into Workplace Monitoring and Surveillance Policy?
To build trust, encourage ethical behaviour, and enhance productivity, employers should implement transparency in their workplace surveillance policy.
Some measures which may help with this include providing training, clear communication, and providing feedback channels for their workplace monitoring and surveillance policy.
Employers should ensure the information provided makes it easy to understand what is being observed, why it is being observed, and how data collected will be used.
Employers should also educate their employees on the benefits of having a workplace surveillance policy, such as better security and increased productivity.
Regular meetings and feedback channels (including anonymous feedback channels) can help with encouraging transparency around the workplace surveillance policy.
To ensure best practices are in place, companies should review and update their workplace monitoring and surveillance policy to ensure they are compliant with the latest ER legislation, and notify employees of any changes if policies are updated.
Checklist Download:
What Do I Do If An Employee Raises A Complaint?
Here’s what you need to know when an employee raises a complaint:
Need Help Writing or Reviewing a Workplace Monitoring and Surveillance Policy?
Employee Matters has helped organisations with their HR needs for over a decade, improving employee retention, productivity, and morale. Outsourcing your HR needs to us can help you with compliance and establishing trust with your employees. If you need assistance writing or reviewing your current workplace monitoring and surveillance policy or have any questions, book a call to find out more.
Disclaimer Statement:
Being general information pertaining to the field of human resources management, the information in this blog article does not constitute specific legal advice and should not be relied upon as such. Employee Matters is not a legal firm and does not purport to give legal advice. We will happily provide you with general legal information on employment related topics and if we feel you need specific legal advice, we will inform you of this and can refer you to independent specialist employment law firms, as necessary.
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