By Joseph Kelly, Kelly Workplace Lawyers
Quite often we have clients who have made secret audio recordings at work. Usually, the clients are worried that people at work are misrepresenting discussions they have with the client, or the clients are recording meetings so that they have an accurate record.
Generally speaking, depending on the State or Territory you live in, you are allowed to record a conversation that you are a party to without the other person knowing, provided they have not expressly told you that the conversation is to be confidential. However, you are not allowed to record conversations over the telephone without letting the other party or parties know. If the other party expressly does not consent to being recorded, then obviously you can’t record the conversation.
While it may be legal (depending on your State or Territory) to secretly record conversations you have with your work colleagues, the industrial courts and tribunals will treat any such recordings as a breach of your colleagues’ trust which could warrant the termination of your employment. So while the recording may be legal, the act of making the recording may also be considered serious misconduct.
The simple rule of thumb should be that if you want to record a meeting with work colleagues, you seek their consent first.