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Labour law expert and part time Senior Commissioner at the CCMA with 30 years in the industry reveals
50 HR Policies and Procedures your company MUST have if you want to stay out of trouble at the CCMA. Don't wait for that 'when the need arises' moment to put the appropriate HR Policy or Procedure in place...
2. Monitor communication in the course of your business
You can also intercept any indirect communication if it's 'in the course of the carrying on of any business'. This is communication which:
a) Results in an agreement on a certain matter in the course of your business. For example, agreeing to sell a product at a certain price;
b) Relates to your business. For example, providing a quote on your product; or
c) Takes place in the course of the carrying on of your business, or using your telephones. For example, responding to a query from a customer.
The basic principle, if you have the policies in place, is this: An employee doesn't have a reasonable expectation of privacy when using company assets. So, you may access the information if you have a reasonable expectation that the company's at risk. Or that the employee's committing misconduct. By using the company's assets for personal use, he's choosing to abandon his right to privacy about the specific information.
Don't be caught checking your employee's emails illegally! Implement an electronic communications policy today. Don't have one? Get one here...