The tribunal's Oct. 23 written judgment found that an employee using her phone to secretly capture a meeting justified termination because it destroyed essential workplace trust. Legal and human resources experts note that such acts may violate data protection rules, confidentiality clauses, or employment agreements. Even so, guidelines from the Tripartite Alliance for Fair and Progressive Employment Practices suggest retaining recordings may be warranted to substantiate complaints regarding harassment, bullying, or discrimination. Employers are advised to investigate the underlying motives behind such recordings through a fair inquiry before issuing dismissals.
Key points
Secretly recording workplace meetings can justify termination without notice even if an e…: Secretly recording workplace meetings can justify termination without notice even if an employer lacks an explicit policy prohibiting the practice.
Covert audio capture may violate employment contracts, confidentiality obligations, data…: Covert audio capture may violate employment contracts, confidentiality obligations, data protection regulations, or the implied duty of mutual trust.
Tripartite guidelines recognize that workers may legitimately retain recordings to provid…: Tripartite guidelines recognize that workers may legitimately retain recordings to provide evidence of workplace harassment, bullying, or discrimination.
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A recent tribunal case involving a secretly recorded workplace meeting raises questions about when such recordings are allowed and when they can get you fired.
SINGAPORE: A managing director of a public relations firm who was sacked for secretly recording a meeting had her wrongful dismissal claim thrown out by the Employment Claims Tribunal (ECT).
The claimant - identified only as JJT in court documents - was meeting with the company’s president and chief human resources officer when the president noticed that JJT was recording the meeting on her phone without consent.
In a written judgment on Oct 23, the tribunal found that, in the circumstances of the case, JJT’s covert recording was “sufficient to destroy the trust and confidence” in the employment relationship.
But is it illegal to secretly record a conversation in Singapore? And even if it is not, could doing so get you fired or land you in other legal trouble?
CNA asked lawyers and an employment expert about the rules and risks surrounding covert recordings.
Is it legal to secretly record a conversation in Singapore?
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