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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
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