Law firm Cliffe Dekker Hofmeyr this week warned employees to tread carefully when recording business related activities, as they could find themselves in breach of confidentiality.
Aadil Patel, national head of the law firm’s employment practice, said that every employer has a right to privacy and confidentiality and this right is often clearly set out in an employee’s employment contract.
“When a meeting concerning strategy or planning is secretly recorded by an employee, they could well be in breach of the confidentiality undertaking in their employment contracts and action could be taken against the employee,” said Patel.
He added that such confidentiality breaches are also not only restricted to audio recordings of meetings, but could also include visual recordings, such as photographs of any part or activity of a business that the employer deems is covered by the employee’s confidentiality undertaking.
Patel highlighted a case in which an employee took photographs of a production line in the factory where the employee worked.
He said the employer demanded that the employee delete the photographs and hand over his phone so the employer could ensure the images were in fact deleted as his actions were considered to be a breach of confidentiality.
However, the employee refused to hand over the phone or delete the pictures.
“The employee was subsequently subjected to disciplinary action and dismissed. The Labour Court found that, in this case, the employee’s dismissal was substantively fair and upheld the decision to dismiss,” said Patel.
Advice to employees:
• Be familiar with what is stipulated in your employment contract and with any internal rules or policies that govern recordings in the workplace.
• Be aware that it is legal for an employer to monitor and record your communications, especially if such communication is conducted using the employer’s equipment.
By Kabelo Khumalo
Think before recording activities at work
