Previous Page  86 / 116 Next Page
Information
Show Menu
Previous Page 86 / 116 Next Page
Page Background

8 6

E L E C T R I C A L CO N N E C T I O N

A U T UMN 2 0 17

as fair warning that the conversation

is being recorded. If they fail to object,

consent can be inferred.

Covert surveillance is another

category altogether. In NSW, employers

must receive authority from a

magistrate before they can carry out

covert surveillance and it must be solely

for the purpose of establishing whether

or not an employee is involved in any

unlawful activity. Covert surveillance

should be avoided except in very

exceptional circumstances, such as to

help prevent physical injury or a serious

crime.

So the legality of workplace

surveillance really depends on what

kind of surveillance you’re undertaking

and what state you’re undertaking

it in. Generally speaking, the law is

more employer-friendly in states other

than NSW and ACT, but this does not

mean that employers in other states

have carte blanche – in particular,

you’re unlikely to get away with covert

surveillance or recording conversations

unless there is a compelling reason to

do so.

Your best bet is to be upfront and tell

your employees if you are installing

cameras. Tell them why you are

installing cameras and what safeguards

are in place. This might

not always be completely necessary

from a legal perspective – but you’ll gain

a lot more goodwill along the way from

your staff.

In the good old days, ice was

something you bought by the kilo at your

local servo. Now, unfortunately, it’s one

of our most serious epidemics. Ice, or

methamphetamine use has tripled in

Australia over the past five years.

It’s an issue which needs to be on

the radar for anyone who employs a

workforce. While the typical stereotype

of the unemployed addict continues

to hold sway, there is also evidence of

increasing ice use among those holding

a job. Estimates are that approximately

2% of the workforce have used ice

at least once in the last 12 months,

which equates to about 230,000

people. Tradies – particularly workers

in the construction, mining and

manufacturing industry – have been

identified as having a higher prevalence

of use.

With heavy vehicles and machinery

being an inherent feature of the typical

worksite, any substance abuse is of

concern in a trade business, but ice

presents a particular liability because

of the propensity for users to engage

in aggressive behaviour. A recent study

found that 60% of users were violent

when using the drug heavily. Reported

behaviours associated with ice use

include aggressive outbursts, paranoid

and psychotic behaviours, mood

swings, unexplained absences and

making violent threats.

Despite the heightened drama

surrounding ice use, there is no

necessity for knee-jerk responses

from employers. Any action you take

needs to be measured, considered

and process-oriented. This may sound

counter-intuitive when you’ve got an

employee who clearly deserves to be

booted out the door – but if you don’t

follow due process, you’re exposing

your business to the risk of an unfair

dismissal claim.

So what does due process look like

in a tradie business? Again, it all starts

with making your expectations very

clear. Do you have a zero tolerance

drug and alcohol policy? How often

do you talk to your employees about

their responsibility to remain ‘clean’?

Do you have a process for regular

drug testing? Do you have a clear set

of procedures which are triggered

when you suspect that there has been

UNDER THE INFLUENCE