I was wondering what our rights, responsibilities and limitations are in relation to staff emails. Is it okay to monitor workers’ emails? Our business is based in NSW.
A business is entitled to monitor its workers’ emails, but only in circumstances where it has given notice that it will take this step. Notice is usually provided in:
- a contract of employment;
- an IT/email usage policy;
- notice upon logging in to the computer; or
- a combination of these things.
In NSW, notice must be provided at least 14 days before the surveillance takes place in order to comply with the Workplace Surveillance Act 2005 (NSW).