What does the Law says about cameras in the workplace in South Africae? Well, if you are a bit concerned about the employer’s use of cameras in your office, you should note that there is a law which guides both employers and employees. Many employers use video cameras to prevent theft caused by employees, or for security purposes, which generally is allowed as long as the employees are made aware that there are cameras. But there are some instances where it is not allowed. According to Find Law, employers may not use surveillance to monitor union activity; some state laws limit how and where employees may be monitored; while federal wiretap law makes it illegal to record oral communication, which is why surveillance cameras usually lack audio.
Employment law states that employers must not act in a way that could destroy the mutual trust between an employer and employee. If your employee feels this is so due to your installation of CCTV cameras in the workplace, they are able to claim constructive dismissal. What this means is that your employee feels that you, as an employer, have done something so fundamentally inconsistent with the original trust between them and yourself that they are entitled to resign, treat their case as unfair dismissal and claim compensation. It is vital to ensure your employees do not feel as though you now mistrust them and feel the need to watch their movements (Source: Insurance Chat)
What does Employees Privacy Act in South Africa say?
The Constitution of South Africa, 1996, enshrines the right to privacy for every individual. The right has been regarded as an extension of every person’s right to dignity and should also be respected in the workplace. However, like every other right in the Bill of Rights, it is subject to justifiable limitations.