If your boss is doing something dodgy, or you aren’t convinced that you’re being treated fairly, it might be tempting to click record on your phone before a meeting so that you can collect some sneaky evidence.

It’s becoming easier and easier for employees in the workplace to record meetings, conversations, and other workplace encounters without the consent of the person or people that they’re recording.

The question is – is it legal?

Samantha Banato, an associate in ENSafrica’s employment department, spoke to BusinessTech about what happens once a recording has been made:

“Employers find themselves in a position where they are confronted with audio recordings of their conversations with employees without even knowing that such recording had been made,” she said.

“These recordings may be introduced by employees as evidence in disciplinary hearings, dispute resolution proceedings at the CCMA and even in court.

The thing is, it’s not illegal to record a conversation that you are part of.

“Section 4 of the RICA Act states that any person, other than a law enforcement officer, may intercept any communication if he or she is a party to the communication – unless such communication is intercepted by such person for purposes of committing an offence, she said.”

However, even unlawfully-obtained conversations may be used against you, so be warned.

“Section 35(5) of the Constitution of South Africa provides that evidence obtained in a manner that violates any right in the Bill of Rights must be excluded if the admission of that evidence renders the trial unfair or will otherwise be detrimental to the administration of justice.”

What this means is that if you obtained the recording in a way that violates another person’s right to privacy it would not be admissible.

You can read the full breakdown of what you can and can’t do, according to the law, here.

Something to keep in mind, though: if you’re planning on recording things at the office, you might not be the only one doing so.

Your boss can record you, too.

[source:businesstech]