It is becoming increasingly easy for employees in the workplace
to record conversations, meetings and disciplinary enquiries
without the consent of the employer to do so. The advancement of
cell phone technology makes it easy for employees to do so without
anyone knowing simply by placing their cell phone in their jacket
or trouser pocket or on a table in a meeting. Cell phone
applications have become so advanced that incoming and outgoing
phone calls can be automatically recorded and stored on a cell
phone with little to no effort. Employers then find themselves in a
position where they are confronted with audio recordings of their
conversations with employees without even knowing that such
recording had been made. These recordings may be introduced by
employees as evidence in disciplinary hearings, dispute resolution
proceedings at the Commission for Conciliation, Mediation and
Arbitration ("CCMA") and even in court.
Similarly, employers may also wish to utilise
