More on secret video cameras

In the Privacy Commissioner's view, unless there is a good reason to the contrary, it is best practice for employers to notify employees when video surveillance is to be undertaken and wherever possible to secure their agreement to it.
There may however be circumstances where a specific offence has to be investigated where some limited covert video surveillance is justified.

The Employment Relations Authority has given the Wellington City Council the green light to use secret video cameras on its buses to investigate ticket irregularities involving its drivers.

The Authority heard that the Council had received two telephone complaints about ticket irregularities concerning one of its bus drivers, Fetolofai Paualaisa.

Under Mr Paualaisa's collective employment contract, the Council could not invoke disciplinary proceedings unless it received a written complaint. No written complaint was received. However, management considered that the complaints were so serious that an investigation, using hidden surveillance cameras, was warranted.

The Council secretly videoed three of Mr Paualaisa's shifts and there appeared to be 13 instances were money was received from passengers, but no ticket was issued. Mr Paualaisa was given a letter directing him to attend a meeting. He was also made aware that he had been secretly videoed and was given an opportunity to view the tapes prior to the meeting.

Mr Paualaisa objected to the process adopted by the Council. He contended that the use of secret video surveillance cameras breached the terms of his collective employment contract in that the Council had altered his conditions of work by introducing new technology, and changing workplace practices, without consultation.

The Council adjourned the disciplinary process while the Employment Relations Authority determined this issue.

The Authority rejected Mr Paualaisa's claim.

"The conditions of work of bus drivers are not altered by the use of video surveillances cameras even if seen as new technology or a change to work place practices.
Bus drivers' conditions of work remain the same in that they remain required to properly account for monies received through the required ticketing procedures.
While I accept that conditions of work include all circumstances in which work is done, including the whole work environment, I do not accept that the environment is altered to any significant degree at all by the possibility of video surveillance" Authority member Greg Wood said.

Mr Wood also noted the Privacy Commissioner's view on the use of secret surveillance cameras.
In the Commissioner's view, unless there is a good reason to the contrary, it is best practice for employers to notify employees when video surveillance is to be undertaken and wherever possible to secure their agreement to it.
There may however be circumstances where a specific offence has to be investigated where some limited covert video surveillance is justified.

More on Termination & Dismissal

An employer's rights: Surfing all the day	Driver lost license
Dealing with absent employees	Importance of procedural fairness
Must consult in redundancy dismissals	Dismissal must be procedurally fair
Misconduct discovered after dismissal	Another procedural fairness example
Dismissed for benefit fraud	Terminated before started
The danger of secret witnesses	Expired employment contract
Cannot intimidate employer	Cannot rely on police enquiry
Reasonable notice of redundancy	Contractural obligation must be met
Reinstatement and workplace democracy	Employment and criminal investigation
Attack not always good defence	Dismissal of persons in authority
Employee responds by going on offensive	Legality of secret video surveillance
ERA classifies contractor as employee	Redundancy law unchanged by ERA
Loss of use of company car	Significant difference
Resolution of criminal charges	Redundancy and changed hours
Discrimination for being non Asian	Cannot take retaliatory action
Failing to meet sales targets	Misconduct outside of work
Abuse of Internet & Email	Suicide and communication
Redundancy definition	Unjustified dismissal for pornography
Abandonment of employment

More on Employment Agreements

Employee trial periods	Can change pay frequency if properly managed
More on secret video cameras	Appeal Court decision on harsh and oppressive contracts
When is an employment relationship formed?	Employment contracts must be negotiated - they cannot just be presented
Employer can still be bound by oral agreements	Cannot limit remedies for personal grievances
Common problems with employment agreements	Cannot dismiss without reason even if written in agreement
Take care when preparing employment agreements	Can a collective employment contract negotiated with union members be applied to non union members?
Importance of disclosing correct employer	Employee must disclose information at interview only if asked
Disputes resolution procedure must be included in staff agreement	Cannot require all employees to apply for new positions
Renegotiation of employment contract on sale of business	What an offer of employment might look like
Expired contracts continue with same terms and conditions

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