Bill threatens workplace internet access

SYDNEY - Australian employees could lose their internet access at work in a management backlash against laws banning bosses from secretly monitoring staff computer use.

Workplace lawyers say some bosses will find it easier and safer to withdraw employee access to the internet rather than work with laws being drafted by the New South Wales Government.

The proposed Workplace Surveillance Act will force employers to consult employees on email and internet surveillance.

Employers who suspect their staff are indulging in illegal activity that amounts to serious misconduct will have to obtain a court order if they want to use covert surveillance.

The Labour Council welcomed the announcement, saying policies on the use of technology should be negotiated at the workplace.

However, employer groups and workplace lawyers are concerned the law may place an unreasonable onus on management trying to safeguard their intellectual property and their equipment from misuse.

An employment relations partner with Sydney law firm Gilbert and Tobin said forcing employers to obtain a court order to conduct covert surveillance was extraordinary.

"This might prompt some policies of no personal use ... That's the ultimate way of managing it," Dianne Banks said.

A recent NSW Chamber of Commerce survey found 80 per cent of businesses had email policies, and only 6 per cent banned personal use by employees.

Company email and internet policies have been tested frequently in Australia's industrial courts.

In several cases - including one involving a Bank of Western Australia employee who kept a file of "dirty jokes" in a computer file - the courts have ruled that dismissals of workers were harsh or that the companies' policies were defective.

- NZPA