Nowadays, electronic devices have actually become a necessity and therefore almost everybody walking around must be carrying one; either phone or watch. This new mode of living has dramatically compromised the human understanding of lives’ privacy in all facets. The undeniable truth is that, even in workplace environments where you might think that all you are doing or saying is relatively in private, this is not always the case.

In many scenarios, we have seen a trend of employment disputes whereby the conversation in the workplace is recorded without your knowledge and the recorded piece becomes key evidence in winning the case if the litigation proceeds to the chambers of law. Recording conversations in almost all offices or places of work are currently at rise.

What Exactly To Do In Order To Succeed In Recording Audio Conversation

Surprisingly, it has been noted that one can make an audio recording without other people’s consent or even without their knowledge. Moreover, there is a caveat to this plan; you must participate more actively in the conversation. Be it that you are doing over the phone or using recording devices it is well as long as you are the key participant.

Legal Situations Whereby You Can Do Audio Conversation Recording

However, it is not lawful to record others’ conversations if you are not a key participant. Doing this can result in breaking the jaws of law according to the Criminal Code of Canada section 184 (illegal interception of private communications) and if done knowingly or unknowingly it may lead to high penalties and imprisonment for up to five good years for the most extreme cases. However, under the same section, if you decide to record yourself, then it is lawful.

Likewise, you cannot dare record your boss’ conversation with another person even if they were conversing negatively against you. However, you can record your own audio conversation and your boss behind without him or her knowing.

The Only Allowed Situation Whereby You Can Do Conversation Recording

In an employment disputes instances, having a recorded conversation can be more relevant in the case of constructive dismissal scenario. If an employee is undergoing a poisoned environment because of the ongoing harassment or verbal abuse, the employee should not withstand such kind of mistreatment, and therefore, he or she should start a constructive dismissal claim so that he or she can receive the severance entitlements.

In other instances where the employee has claimed that she or he requires to quit the job because of mistreatment, here the employee has a responsibility of proving that the boss’ action meant that the employee should never continue with the contract.

Allowed Audio Recording For Unbearable Events

I usually see workers who have been receiving bitter mistreatment for years from their employers and yet they have failed to produce any document of the unbearable events. In this scenario, it can be more difficult to prove the merit of the claim in the proper time. Recording in workplaces’ conversations may also be appropriate in the instance where the employee is sure that his or her job’s termination is actually impending but again, his or her employer has the plan to contradict the truth or maybe the employee has a fear that his or her employer may deny the crucial facts surrounding the contract termination.

Importance Of Documented Evidence In The Law Court

The fact remains that, with a clear documentary for providing the evidence behind the events, the case might generally be easy to handle. However, without having a documented evidence, may it be audio, written form, or maybe video documentation, the law court may face a hard time of judging the credibility of both parties and the witnesses basing on their own words

This finally comes down to a "she said, or he said" form of individual assessment recollection of events, and the judge handling the case may lean on one party. Getting a recorded audio conversation of your employer mistreating you - right from him actually can be very helpful material evidence. However, the evidence can only be valid and useful if the documentation is relevant to the issues of the dispute.

What Can Happen If Found Recording Audio Conversation In Your Workplace

With all that in your mind, it is very crucial to be cautioned before deciding to press the record button of at work. If by any chance your employer or your fellow workers will discover that you have been recording their conversations secretly, this could result in friction or mistrust between you and your employment relationship. This may also damage your working reputation. Although your employer may not fire you upon that, but it may create more harm than heal. The same razor cuts across the fence if the employer found secretly recording his or her employees.

Handy Tips for Both Employers And Employees:

• If you consider recording your workplace’s conversations, then make sure that you are the most active participant;

• Recording conversations in workplaces should never be the norm. Recording conversation should be the last option when you feel that you might terminate the employment simply because of mistreatment or, probably when the termination of your contract is foreseeable and you think that the employer is misconstruing the events surrounding your survival;

• Get information about any workplace regulations that probably might give you more information regarding the workplace recording;

• If by any chance you are experiencing some issues in your workplace, it’s wise to visit us at spy centre and see offers we have for you. Our team will advise you on what to take and how to use them legally.

Conclusion

Any conversation recording at your workplace should be done as the final option when you feel that your rights are denied. If you want to record any audio conversation, make sure that you are the key participant in that particular conversation; otherwise, you might end up in jail for contrary acting against the section 184 of Criminal Code of Canada.

 

Published by Peter Garlow