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Secret recordings in the workplace can have serious consequences, especially when disputes or unfair dismissal claims arise. While some employees may believe that recording a conversation offers protection, doing so can breach legal boundaries, erode trust, and in some cases, result in lawful termination.

“Trust is the foundation of every workplace — and secretly recording conversations, even when legal, can erode that trust beyond repair.”

A recent case, Altham-Wooding v PKDK Adventures, highlights just how risky secret recordings can be. In this Victorian matter, a casual employee recorded a workplace conversation after her shifts were reduced without explanation. She intended to use the recording as evidence in an unfair dismissal claim. However, the Fair Work Commission ruled otherwise.

Deputy President Saunders found the employee’s actions to be inappropriate and a breach of the duty of good faith. The recording was excluded from evidence, and despite the employer only learning of the act during proceedings, the Commission found it was a valid reason for dismissal.

As noted in the ruling: “Even if lawful, secretly recording a workplace conversation can be enough to justify dismissal if it damages trust.”

What Does the Law Say?

The legality of recording workplace conversations differs by state and territory:

• New South Wales: Illegal to record private conversations without the consent of all parties.

• Victoria & Queensland: Legal if you are a participant in the conversation.

• South Australia, Western Australia, ACT: Illegal without the consent of all parties involved.

• Tasmania & Northern Territory: Legal if you are a party to the conversation.

What Should Employers Do?

To avoid confusion and reduce risk:

• Develop a clear workplace recording policy outlining expectations and consequences.

• Educate staff on the importance of trust, confidentiality, and professional conduct.

• Know your legal obligations before making decisions based on recorded conversations.

Even when technically legal, secret recordings may still breach workplace policies or destroy the foundation of trust giving rise to disciplinary action or dismissal under the Fair Work Act.

At The BelRose Group, we believe that the success of any organisation is built on the wellbeing of its people. Psychosocial hazards in the workplace can have a profound impact on employee wellbeing, engagement, and overall organisational culture. As People & Culture specialists, we encourage our clients — and the broader BelRose community — to stay proactive in identifying and managing these risks to create safer, healthier, and more resilient workplaces.

“A safe and healthy workplace isn’t just about managing physical risks — it’s about recognising the impact of psychosocial hazards and creating an environment where people feel supported, valued, and mentally well every day.”

What Are Psychosocial Hazards?

Psychosocial hazards are factors within a workplace that can cause psychological harm, mental health challenges, or stress. Unlike physical hazards that involve risks such as injuries or accidents, psychosocial hazards arise from job demands, organisational practices, workplace relationships, and environmental conditions that may negatively affect an employee’s mental health.

Common Examples of Psychosocial Hazards

While psychosocial hazards vary between workplaces and industries, some common examples include:

• High job demands – Excessive workloads, unrealistic deadlines, or sustained pressure to perform.

• Low job control – Limited autonomy or decision-making ability in managing tasks.

• Poor support – Inadequate guidance, feedback, or assistance from leaders or peers.

• Workplace conflict – Bullying, harassment, or interpersonal tensions within teams.

• Job insecurity – Uncertainty about ongoing employment due to organisational change or contract work.

• Exposure to traumatic events – Regular involvement in or witnessing of distressing situations, particularly in frontline or emergency response roles.

Why Are Psychosocial Hazards a Workplace Concern?

Unaddressed psychosocial hazards can lead to increased absenteeism, higher staff turnover, reduced productivity, and serious mental health concerns, such as anxiety and depression. Beyond the human impact, organisations may experience reputational damage, decreased employee engagement, and rising operational costs.

Psychosocial hazards are just as critical as physical risks. Creating a workplace environment that supports mental wellbeing is not only a legal obligation under Australian workplace health and safety legislation, it is a key driver of organisational performance, culture, and long-term success.

Managing Psychosocial Hazards – A Proactive Approach

Employers have a duty of care to identify, assess, and manage psychosocial risks in their workplace. Practical strategies to support this include:

1. Conduct Regular Risk Assessments

Use employee feedback, surveys, and workplace observations to identify potential psychosocial hazards early.

2. Foster Supportive Leadership

Encourage open communication, provide constructive feedback, and build a culture of trust, respect, and inclusion.

3. Manage Workloads Effectively

Ensure job demands are realistic and balanced, promoting healthy work-life integration.

4. Establish Clear Policies and Procedures

Implement policies that address bullying, harassment, workplace conflict, and outline clear resolution processes.

5. Promote Mental Health Initiatives

Support employees through access to Employee Assistance Programs (EAPs), mental health training, and peer-support initiatives.

Partnering with The BelRose Group

At The BelRose Group, we work with organisations to embed practical, people-first strategies that support positive workplace culture and employee wellbeing.

If you would like to learn more about identifying and managing psychosocial hazards in your workplace, please contact us, we are here to help you create a safe, supportive, and high-performing work environment.