What are your rights?
The Constitution of South Africa, 1996, enshrines the right to privacy and each individual has a right to privacy, which also extends to a person’s right to dignity, which must be respected in a workplace. However, there are justifiable limitations.
Your privacy rights are the rules that limit how broadly an employer can search your possessions or yourself, monitor your actions, speech/communication, or correspondence; and know about your private life, specifically but not entirely in the workplace.
The legality of installing camera’s: can your employer monitor you?
Under CCTV laws, employers are allowed to use CCTV monitoring in the workplace if they have a legitimate reason for doing so.
These reasons could be employee safety, crime prevention, preventing employee misconduct, ensuring compliance with health and safety procedures, and so on, which is generally allowed, provided that they make you aware that there are cameras installed in the workplace or their office by putting up a sign or notice. However, this is not a legal requirement.
The act of installing a control room with a CCTV camera requires the employer to comply with the Privacy Act. This Act requires the employer to inform you that you are being monitored/recorded by CCTV. The employer also has a duty to place the CCTV camera where it is visible to you and not hidden.
CCTV cameras are not allowed in private areas/rooms such as the restroom, locker rooms or lounging areas.
What can you do as an employee if you suspect CCTV camera abuse?
As an employee, if you feel that you are a victim of improper surveillance or if you feel uncomfortable with the situation, speak to your employer and advise them of your concerns.
If this avenue fails, you may resign and claim constructive dismissal.
Conclusion
In summary, as an employee, you have the right to privacy. In the event of your employer installing a camera in the workplace without bringing it to your attention then this is considered to be a fundamentally inconsistent act.
If you have reason to believe that this act had led to the breakdown of the trust relationship between the employer and yourself, then you have grounds to resign from work and claim constructive dismissal.
It is vital that you as an employee feel comfortable in the workplace and not as if you are constantly under surveillance.
(This article is provided for informational purposes only and not to provide legal advice. For more information on the topic, please contact our offices.)
