Authors :
Ntlahla France; Kgomotso Maecus Mathiba
Volume/Issue :
Volume 8 - 2023, Issue 4 - April
Google Scholar :
https://bit.ly/3TmGbDi
Scribd :
https://bit.ly/3NU1xXZ
DOI :
https://doi.org/10.5281/zenodo.7911852
Abstract :
This paper focuses on the pivotal question of
whether or not the right to privacy could be juxtaposed
with the duty to monitor misconduct in the workplace. In
relation to this subject, the author examines the
constitution and other legal structure, especially in the
context of the workplace, to see if workers are protected
based on their right to privacy. It is noted that certain
employers suggest that they have duty to electronically
monitor misconduct in the workplace, whereas
employees argue for their constitutional right to privacy
to be respected by employers.
Given the dispute between employers and
employees, it is suggested that an appropriate policy
framework should be made which will focus on the use of
computer technologies in the workplace. Furthermore,
employees ought to be included in the processes by which
their employers develop their policies. The proposed
framework must be supplemented by workshops in
order to provide education and training and continuous
research. The same will assist in generating knowledge
about legal and ethical misconduct. This policy can
therefore be utilised as a flexible toolkit which conciliate
both the employee’s right to privacy and the employer’s
duty to electronically monitor of misconduct. The policy
can also allow the future workplace as a platform where
the notions of diversity, inclusion and mutual respect can
be embraced.
Keywords :
Electronic misconduct; Technology; Right to privacy; Monitoring; Policy; Constitution
This paper focuses on the pivotal question of
whether or not the right to privacy could be juxtaposed
with the duty to monitor misconduct in the workplace. In
relation to this subject, the author examines the
constitution and other legal structure, especially in the
context of the workplace, to see if workers are protected
based on their right to privacy. It is noted that certain
employers suggest that they have duty to electronically
monitor misconduct in the workplace, whereas
employees argue for their constitutional right to privacy
to be respected by employers.
Given the dispute between employers and
employees, it is suggested that an appropriate policy
framework should be made which will focus on the use of
computer technologies in the workplace. Furthermore,
employees ought to be included in the processes by which
their employers develop their policies. The proposed
framework must be supplemented by workshops in
order to provide education and training and continuous
research. The same will assist in generating knowledge
about legal and ethical misconduct. This policy can
therefore be utilised as a flexible toolkit which conciliate
both the employee’s right to privacy and the employer’s
duty to electronically monitor of misconduct. The policy
can also allow the future workplace as a platform where
the notions of diversity, inclusion and mutual respect can
be embraced.
Keywords :
Electronic misconduct; Technology; Right to privacy; Monitoring; Policy; Constitution
