'Employer has the legal right'

An Aussie worker has been told they must return to the office to their “micromanaging” boss. Credit: Getty Images · Getty Images

Welcome to Yahoo Finance’s legal column, where lawyers Alison and Jillian Barrett from Maurice Blackburn tackle problems everyday Aussies face — whether it be consumer, property, or money matters impacting relationships or work.

This week an Aussie who’s worked from home for four years asks whether they can be forced back into the office.

Question

I got my job during covid and have been working from home now for four years.

My job doesn’t really involve much interaction with my colleagues but now there’s a push to come into the office. It’s a long commute and I feel like I work better at home.

I’ve shaped my life around being able to duck in and out to school pick ups for my kids and my workflow was never really about logging eight hours straight.

I got a new boss recently and he is really getting on my back and micromanages me. He’s constantly checking in on what I am doing and I am starting to think he’s doing a lot of workplace monitoring. How do I know how much he is looking at?

I use my work laptop for personal things outside hours as it’s the one I have set up in the house and I didn’t think at the time it would be an issue. But I am wondering if that was stupid now and he can access my social media and private messages with my imessage logged in?

Answer

You’ve asked a question that many employers and employees are grappling with as remote work arrangements evolve and digital surveillance becomes more common in workplaces.

Employers wanting to monitor their employees are using everything from CCTV cameras to GPS and data tracking on electronic devices.

In general, your employer has the legal right to monitor and track your work tasks and performance, including how you use your laptop.

However, this right is not unlimited and your employer must be transparent about their practices.

Do you have a story to tell? Contact yahoo.finance.au@yahooinc.com

There are certain privacy protections you should be aware of regarding surveillance on your laptop.

Employment agreement / workplace policies

Firstly, you should review your employment contract or agreement to see if it contains any provisions related to computer usage and monitoring, especially when working remotely.

Some employment agreements allow employers to monitor work-related activities on company-provided equipment, even when used at home.

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Employers often seek consent from employees for surveillance activities in the employment agreement or in a separate consent form.

If there is nothing in your employment agreement, find out what your employer’s policy is about computer usage and device monitoring.

Given you are using a work-issued laptop, the answer is potentially, yes. If your iMessage account is logged in and your messages are being stored or synced to the device, they could be accessible — especially if your employer uses monitoring software that captures screen activity, keystrokes, or file access.

Similarly, if you access social media through a browser or app on your work laptop, that activity could be logged. Even if you’re doing this outside of work hours, the fact that it’s on a work device means it may not be considered private.

Workplaces may be able to monitor your laptop use, even if you’re working from home. Credit: Getty · Getty Images

What is reasonable?

In the absence of anything in your employment agreement or in a company policy, employers are generally expected to exercise reasonable and proportionate surveillance activities and to communicate these with employees.

What is reasonable and proportionate would depend on the nature of the work you perform and whether there are any concerns about your performance could also be a relevant consideration.

Justifiable reasons for using monitoring devices can include to:

check the quality of a product or service

detect theft or fraud

ensure employees are safe at work

ensure employees are complying with company policies – such as social media and privacy policies

ensure employees are performing at the required level.

Personal use

We would be concerned if your employer is accessing your social media and iMessages, particularly if you are using these platforms outside of work hours and you are entitled to use your work laptop for personal use.

That conduct raises concerns about whether they are acting lawfully in monitoring your personal activities.

Flexible work

It is unclear if you have a formal flexible work arrangement in place, which would ordinarily give you reassurance about your right to work from home and change your working hours to suit your caring responsibilities.

This may be something you should explore further if you don’t have a formal arrangement in place.

Next steps

If you feel your privacy is being compromised, you’re well within your rights to ask questions and seek clarity.

If the monitoring feels excessive or invasive, or is not consistent with your employer’s policies, you should raise these concerns with HR or your union representative.

If you cannot reach a satisfactory outcome, you should seek legal advice.

This legal information is general in nature and should not be regarded as specific legal advice. If you need legal advice, you should consult a solicitor.

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‘Employer has the legal right’

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