The recent Fair Work Commission (FWC) case Karen Altham-Wooding v PKDK Adventures Pty Ltd [2024] FWC 2753 underscores the dangers for employees who make secret recordings of workplace conversations. The decision not only reinforces legal and ethical boundaries but highlights the significant impact such actions can have on trust and employment relationships.

Trust forms the bedrock of effective employment relationships. In this case, the FWC highlighted that secret recordings undermine this trust, casting doubt on the employee’s commitment to good faith and loyalty. HR professionals should note that such breaches can justify dismissal, even if other factors might suggest leniency.

Fairness and Consent in Recording:

Deputy President Saunders pointed out that secret recordings are inherently unfair. Recording others without consent denies them the opportunity to express themselves openly or to tailor their words responsibly, which is particularly relevant in sensitive HR conversations. Employers should consider implementing clear policies on recording devices, specifying that any audio or video recording in the workplace requires prior consent from all parties involved.

While the legality of secret recordings can vary across jurisdictions, as seen in NSW’s Surveillance Devices Act 2007, most Australian workplace contexts require open consent for recordings. HR policies can proactively address these rules to prevent legal challenges and create a safer, more transparent workplace.

Employees who may feel apprehensive about workplace discussions have alternatives to secret recording, such as contemporaneous note-taking. Advising employees to take clear, written records of important meetings respects both parties’ rights and helps maintain transparency without breaching privacy or trust.

HR’s Role in Education and Prevention:

For HR practitioners, it’s essential to educate employees about acceptable ways to document workplace issues. Workshops or online resources on communication etiquette and conflict resolution can reduce tensions that might otherwise lead to covert recordings. Cases like this support the need for clear disciplinary and privacy policies that explicitly address recording without consent. By making policies accessible and clear, HR can help prevent misunderstandings and protect the organisation from similar risks.

The decision in Karen Altham-Wooding v PKDK Adventures Pty Ltd serves as a reminder that trust and transparency are essential for a productive workplace. While employees may sometimes feel compelled to document conversations, secret recordings come with high risks. For HR professionals, this case highlights the importance of clear policies on recording and workplace privacy, as well as the need for ongoing employee education on professional communication.