There is a law that governs both employers and employees regarding the use of cameras at work. If you are a bit concerned, it is important to note that the employer may use cameras in your office.
Employers use video cameras to prevent theft by their employees, as well as for security purposes. This is generally acceptable if every employee knows a camera is present.
However, there are circumstances in which the use of video cameras is not permitted.
What does South African Employment law say?
Employers are prohibited from acting in a way that undermines employee trust under employment law.
A constructive dismissal claim may be available for employees who feel that CCTV cameras at their workplace caused their dismissal.
Sometimes employees feels that employers violate their trust and as a result resign.
Complying with Privacy Acts:
The Constitution of South Africa, 1996, protects the rights of every individual to privacy.
You will need to comply with Privacy Act requirements before setting up a control room with CCTV cameras.
According to the Privacy Act it is important to not only inform all staff that they will be monitored by CCTV verbally but through display signage informing clients and customers.
In addition, it is illegal to install cameras in private areas such as changing rooms for customers and employees.
This footage, as well as any footage taken without employees’ knowledge, is not admissible in a court of law.
Employment contracts should state the use of cameras
When you bring on new employees, make sure they know there are cameras in the workplace.
It is also advisable to include this in current contract because if there are any complaints, this provides a legal buffer.
Information such as location of the cameras, data collection methods, and why this will be done should be included in the contract.
The CCMA courts evaluate every aspect of employee contracts in their proceedings, so obtaining surveillance footage is crucial if you ever find yourself involved in legal proceedings.
Conclusion
It will be important to understand the legal aspects of installing a CCTV system in your workplace.
Not informing your employees and customers about the filming is being considered not only rude, but also illegal.
If you have not alerted your workers to the fact that they are being filmed, you may have trouble having the footage used in court.
