My boss expects unpaid overtime on a salary, is that allowed?
- 06.07.2026
I discovered that my employer has been checking my emails and tracking my location using my work phone, including outside working hours. No one told me. Is this legal and can they use the information against me?
Employers can monitor work systems for legitimate purposes, but they must comply with the Privacy Act 2020 and the duty of good faith. The information privacy principles require personal information to be collected for a lawful purpose connected with the employer's function, collected fairly and not intrusively, and, in general, you should be told about the collection and its purpose. Secret tracking, particularly of your location outside working hours, is likely to breach these principles and could damage trust. A fair workplace policy should explain what monitoring occurs and why. If the employer uses the information in a disciplinary process, it should share it with you and give you an opportunity to respond. You can raise concerns with your employer, request a copy of your personal information and complain to the Privacy Commissioner.
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