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Private eyes are watching you
When I started work, my boss told me that if I wasn't doing anything wrong at work, I should have no fear about him keeping an eye on me.
What he meant, of course, was that he would be checking letters that I wrote - and possibly also looking at emails that I sent, and checking up on websites that I visited.
The prospect did exist, of course, that his statement went further - and might have meant that I was to take it that there were hidden video cameras in my office, watching everything that I did.
Like any person in that situation, I felt quite disconcerted. Even though I had no intention of doing anything wrong, the prospect of Big Brother watching over me made me feel unnerved - and, put at its highest, even violated.
I should, of course, add that there were no video cameras in my workplace - and that my boss' warning was nothing more than a ruse.
But the fact is that video surveillance of workplaces is becoming more common in New Zealand - bringing with it some difficult employment issues.
Earlier this month, it was reported that an aviation company had used hidden cameras to uncover a variety of different instances of misconduct in its workplace. The company had used covert video surveillance which had identified five employees who had engaged in the theft of passenger luggage, four cleaners who had stolen First Class travel kits, and 20 employees who had helped themselves to Business Class meals (quite why anyone would willingly seek out airline food is a different question).
The company took action on the strength of this evidence. It dismissed six workers, accepted the resignation of three others (presumably as a consequence of the video evidence) and issued another 20 with written warnings.
But could these employees dispute this disciplinary action - or allege that their privacy had been breached - because of the use of covert video surveillance?
The answer is not necessarily an easy one.
The Employment Relations Authority has accepted that, in general, an employer should consult with its employees before introducing video surveillance to its workplace. Put simply, in usual circumstances, an employee has a right to know that he or she is going to be watched at work.
But there are exceptions. The Authority has also accepted that where the circumstances of a particular case mean that the only way that evidence of wrongdoing can be obtained is by way of hidden cameras, then covert surveillance is allowable.
In this case, therefore, if the employer could show that it would not have uncovered the evidence other than by way of a covert operation, its use of hidden cameras would be justified.
The case is not unique. In recent years, the Employment Relations Authority has considered a variety of different cases involving the use of covert video surveillance. Several have involved the use of footage from video cameras in retail stores - used primarily to disincentivise shoplifters. These cases involved the use of cameras which were obviously visible to all people in the store - but which were not necessarily intended to be used to record employee activities.
Another case involved the use of a hidden camera to establish that a bus driver had been engaging in theft.
In each of these cases, the Authority accepted that the employer had acted correctly in relying upon the video evidence that it had obtained.
Equally, however, it is conceivable that if the employer had acted incorrectly - for example, by simply installing hidden cameras without any reasonable suspicion of wrongdoing (and without consultation) - one or more of its employees could take action.
Employees could assert a breach of their rights under privacy legislation, and complain to the Privacy Commissioner.
Alternatively, they could raise an employment problem, alleging a failure to consult, and generally contending a breach of the "good faith" obligation owed by the employer.
What the employees could not do, however, is dispute the right of the employer to monitor its workplace at all. Provided that it follows the relevant procedural constraints, an employer is entitled to monitor its workplace - whether by overt or covert video cameras - or, of course, by monitoring emails and even phone calls where relevant.
On this basis, therefore, it is possible that Big Brother could be watching you at work at any time.
