Off the Record: Can My Employer Record Meetings With Me in an Employment Dispute?

In New Zealand, employers may legally record disciplinary meetings or employment dispute discussions, provided they are a party to the conversation. However, doing so without informing the employee could breach the duty of good faith, potentially impacting the admissibility of the recording in legal proceedings.

In New Zealand, it is legal to record a conversation as long as you are a participant in it. You don’t need to get the other person’s permission. This is often referred to as "single-party consent." However, this legality does not automatically extend to employment contexts, where additional obligations apply.  So if you're in a disciplinary meeting, performance review, or mediation session, your employer is  legally allowed to press record but in the interests of good faith should consult with you beforehand.  This might include:

• Seeking Consent: Before recording, the employer should inform the employee and obtain their consent. This promotes transparency and maintains trust.

• Documenting Consent: The employer should have the employee acknowledge in writing that they agree to the recording.

• Using Recordings Appropriately:  The employer should ensure recordings are used solely for the purpose they were intended, such as maintaining accurate records of discussions.

• Securely Storing Recordings: The employer should store recordings securely to protect the privacy of all parties involved.

In many cases, if the dispute ends up in mediation or the Employment Relations Authority (ERA), a recording of a meeting can be valuable evidence.  Courts and tribunals will often accept such recordings provided the person who recorded it was part of the conversation.

It is important to note that secret recordings of conversations where the person recording wasn’t involved in (e.g., leaving a phone recording in a room during a meeting or discussion) are usually illegal and inadmissible.

If you find yourself in an employment dispute and your employer is recording discussions (with or without your consent), it pays to get advice from a legal expert on your rights and whether you are being treated fairly.  If in doubt, get in touch with an expert.   mathewswalker.co.nz | 0800 612 355. 

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