You can legally use recorded work conversations against your boss or colleagues

Employees can lawfully get away with secretly recording conversations in the workplace, such as meetings and disciplinary hearings.

Legal expert Samantha Bonato explains that these recordings can be taken without the consent of the employer or other parties.

Bonato, an associate in ENSafrica’s employment department, says such recordings are increasingly used in disputes such as internal disciplinary hearings, arbitrations before the CCMA and even in the Labour Court and High Court.

Also read: When might you be suspended from work? A legal expert explains

Section 4 of the RICA Act permits the interception of any communication if the individual is a party to the communication.

A person is a party to the communication if he or she is in the room or present in the discussion, Bonato explains.

The Rica Act says that you are allowed to record conversations that you are a party to. You don't need another person's consent or permission.

Samantha Bonato, Associate - ENSafrica’s employment department

However, if you are not a party to that conversation then you are intercepting communications illegally and that's where it is tricky.

Samantha Bonato, Associate - ENSafrica’s employment department

However, she says employers can potentially avoid having communications intercepted by creating an explicit clause in employment contracts.

Listen to the discussion on The John Maytham Show:


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