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.
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:
Pavlo Phitidis tells more about a strategy that he has been using for years and how to apply this in a business.Read More
Personal financial adviser Warren Ingram says active fund managers in South Africa have had a terrible time.Read More
Association of Meat Importers and Exporters CEO Paul Matthew says there are mechanisms to deal with a possibility of dumpingRead More
DPE acting director-general Kgathatso Tlhakudi says there is hope ahead of talks with Numsa, Sacca and pilots association.Read More
Elon Musk’s revolutionary electric car manufacturer has just overtaken Toyota as the world’s most valuable automaker.Read More
"We’ve hired people we haven’t met in person," says Karl Hammerschmidt. "There are things you can still do to impress."Read More
SIU's Kaizer Kganyago says cases involve price gouging and procurement process irregularities in the health sector.Read More
The tourism ministry has confirmed that leisure travel is not allowed under level 3 lockdown despite earlier claims to the contrary.Read More
A labour lawyer says she has dealt with companies coming to terms with paying for employees home internet data for work purposes.Read More
So, far it’s been a good season for South Africa, says Tonie Fuchs (Managing Director at Capespan Group Limited).Read More