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All employees have a right to privacy, but is that privacy limited?

All employees have a right to privacy, but is that privacy limited?

All employees have a right to privacy, but does it end there? In the recent Labour Court decision of NUMSA and Another v Rafe N. O. and Others (JR1022/12) [2016] ZALCHJB 512, the question of whether an employer had the right to examine an employee’s cellphone, was permissible, secondly the employees’ refusal to have his or her cellphone examined constituted an offence that warranted dismissal. Consolidated Employers Organisation frequently receives questions pertaining to this issue and whether there is any risk that the employer may face at the CCMA or Bargaining Council. Employers now have more guidance on this sensitive issue that has been clarified by the Labour Court in the above-mentioned case.

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