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ARTICLE · 04 MARCH 2013

Workplace surveillance a legitimate tool

Employers can use surveillance technology in the workplace, but they must ensure respect for the privacy of their staff.

New ZealandEmployment and HR

As technology advances and becomes less expensive, it is increasingly common for employers to use surveillance technology in the workplace but they must ensure they respect the privacy of their staff.

Today surveillance can take a variety of forms, including:

  • GPS tracking in work vehicles or mobile phones;
  • Monitoring of work emails or internet use;
  • Video cameras in the workplace; and
  • Measuring time not spent on the phone (i.e. at a call centre).

In the recent case of Stuart v Downer New Zealand Ltd, a Nelson street cleaner was dismissed for serious misconduct for falsifying his timesheets. The employer had installed a GPS on its employees' work trucks and discovered that there was a significant mismatch between the time of the last stop (Mr Stuart's home) shown in the GPS records and the finish time recorded by Mr Stuart on his timesheets. Over six months, the mismatches indicated that Mr Stuart had claimed 17 hours in excess of his lunch allowance in

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