Work Hours

Under the Code of Conduct, work hours can accept a degree of flexibility with ICT systems. ICT can enable workers to work offsite business premises with remote access to work files and programs.

However, as technology is making the potential for employees to work 24/7, a Victorian Police court case has won the right for employees to 'disconnect' from work, meaning they are unable to be contacted outside of work with the exception of emergencies.

Read More: Right to Disconnect, ABC News, 6 April 2021

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Employee Email Use

Under the Code of Conduct, email sent using an official company email address is regarded as official company policy. Employees should be careful when sending emails as it gives the receiver written evidence which could be use to legally enforce contracts or conditions.

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Employees are also refrained from sending inappropriate emails, including but not limited to offensive emails or defamatory emails about another person.

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Personal emails are allowed to be sent using the business email address as long as it does not have a significant impact on the productivity of the employee.

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Employees have the right to monitor all communications on business email addresses.

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Employee Internet Use

Employees can only use business internet resources for business purposes. Employees must not visit websites that could diminish their level of productivity, websites such as social media, pornography, gambling or online games.

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Employees must also not visit illegal websites. Employers have the right to monitor all traffic on business internet resources.

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Employee Privacy

Employees are allowed a degree of privacy with the right to be trusted when using business equipment and resources. Employees are allowed privacy of confidential and personal information.

While employers have the right to monitor traffic and activities on ICT systems, they must also respect the privacy of confidential and personal information.

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Employer's Right to Monitor Work Emails, Internet Access and Personal Use

Employers own the business and ICT business resources, including the right to monitor work emails, internet access and personal use. While they have the right to monitor these systems, they should respect the privacy of personal and confidential information. (For example, an employer should avoid opening personal emails and only checking work related emails).

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Employers have the right to monitor ICT systems as they have the right to:

• Protect the business from legal threats

• Ensure the business reflects a positive reputation

• Ensure workers remain productive

• Protect ICT systems from malware

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Employers, however, must consider employee's rights to:

• Be trusted

• Take regular breaks

• Confidentiality of own data

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There is always a legal and moral conflict between the right for employer's to monitor and employee privacy.