Two recent decisions of the Australian Industrial Relations Commission have resulted in significant levels of compensation paid to former employees in circumstances where matters of the employees' privacy were central to the question of fairness during the dismissal process. In both cases, the Commission observed that early and frank discussions with the employee would have been the fairer way to address concerns. That approach could have avoided the finding that the dismissals were harsh, unjust or unreasonable.

Whilst there is no present separate general "right" to privacy in Australia, courts and tribunals are becoming increasingly interested in the topic. With advances in technology providing employers with new and helpful tools to monitor employee conduct, employers should also ensure that appropriate standards are in place, such as in policies and procedures, to guard against misuse.

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