📱Secret Recordings in the Workplace: What Employers Need to Know

It’s a confronting reality that employees sometimes secretly record meetings. Whether it’s a performance discussion, disciplinary meeting, or termination conversation, those recordings may later be used to support claims such as unfair dismissal.

But is it lawful? And even if it is, is it acceptable?

At Track HR, we often get asked what rights employers have, and whether such recordings can justify disciplinary action or termination. A recent case before the Fair Work Commission, Harry Holt v TEEG Australia Pty Ltd [2025], offers timely guidance.

🚫 Secret Recordings = Breach of Trust
The Fair Work Commission has made it clear that secretly recording conversations is a serious breach of trust:

“There could hardly be an act which strikes at the heart of the employment relationship… than the secret recording by an employee of conversations with management.”

Secret recordings are widely seen as dishonest and incompatible with the trust required in employment.

⚖️ What the Law Says
Federal and state laws prohibit secret recordings of private conversations:
• Telecommunications (Interception and Access) Act 1979 (Cth) – prohibits intercepting phone calls
• Surveillance Devices Act 2007 (NSW) – criminalises recording private conversations without consent

Exceptions are narrow, such as protecting lawful interests.
📚 Case Study: Harry Holt v TEEG Australia [2025] FWC 1531

Mr Holt, a casual employee, secretly recorded four meetings with his employer. He later submitted the recordings and transcripts in an unfair dismissal claim.

The Commission rejected them because:
Not reasonably necessary – He could have taken notes or brought support.
Intended for legal use – The recordings weren’t for memory, but to use against the employer.

🧠 Key Takeaways for Employers
• Secret recordings are generally unlawful unless narrow exceptions apply
• They can damage trust in the employment relationship
• Employers can discipline or dismiss employees for secretly recording conversations
• Promote transparency – employees should request permission to record
• Ensure disciplinary processes are well-documented and procedurally fair
At Track HR, we support businesses with practical, lawful strategies for employee relations. If you suspect a secret recording or need guidance, we’re here to help you act with confidence.

📩 Reach out to us for confidential advice.

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