Monitoring Employees Email Severely Restricted

In a 91 pages opinion, the National Labor Court laid down a clear set of rules on employers right to monitor their employees email messages. The rules impose severe restrictions on that right and employers should consider reforming their workplace policies accordingly.

The issue that was brought before the court was whether an employer may access employees email messages and submit them as evidence in the course of court proceedings brought by the employee against the employer. Typically, the employer wishes to present evidence obtained from the employee's email account, in an effort to dismiss the employee's claim for unlawful termination. However, a "Fruit of the poisonous tree" evidential rule under the Privacy Protection Act, prohibits submission of evidence obtained through invasion to privacy.