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 16-08-05 

Staff Surveillance - Legal requirements must be followed

In a recent Industrial Relations Commission case, an employer breached the Workplace Video Surveillance Act by carrying out surveillance before obtaining an authority, and then by conducting the surveillance outside its specifications.

The Commission found that the nine employees involved had been unfairly dismissed.

Employers must conform with the requirements of the Surveillance Act; gain prior permission from a magistrate; provide reports; carefully re-examine surveillance reports, and conduct further investigations to confirm their findings before acting on them, particularly where they are being used to justify dismissal.

The lesson is: always get advice before conducting any video surveillance.

peter.mcnamara@cml.com.au


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