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