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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.
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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.
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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. | |
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More on Employment Agreements
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Employee trial periods