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A covert recording is not necessarily inadmissible just because it was made without the knowledge or consent of the other participants, said Ms Amarjit Kaur.<\/p>\n
Even if making the recording breached an employee’s contract, that would not by itself make the recording inadmissible, Mr Chooi said.<\/p>\n
\u201cUnder the Evidence Act, the central starting point is whether the evidence is relevant to a fact in issue,\u201d Ms Amarjit Kaur said.<\/p>\n
But admissibility and the weight given to the evidence are separate questions. A court or tribunal may consider whether the recording is \u201cauthentic, complete, reliable and presented in its proper context\u201d, she added.<\/p>\n
Even if the recording is admitted as evidence, the manner in which it was obtained may still have separate consequences.<\/span><\/p>\n \u201cAn employee could potentially rely on a recording as evidence while also facing a claim or disciplinary action concerning the way it was obtained, retained or disclosed,\u201d she said.<\/span><\/p>\n Singapore courts and tribunals have previously treated covert recordings as admissible and given them significant weight.<\/span><\/p>\n In a recent case where a <\/span>pregnant employee was wrongfully dismissed<\/span>, a recording of a call with her boss was described by the tribunal as \u201cthe crucial piece of evidence\u201d.<\/span><\/p>\n Employees considering secretly recording a workplace conversation should weigh the evidential benefit of the recording against disciplinary risk, Ms Amarjit Kaur said.<\/span><\/p>\n The safest approach is to get the other participants\u2019 consent before recording a workplace conversation, said Mr Chooi, as that would forestall any arguments that the recording cannot be used or that a contract is breached.<\/span><\/p>\n If consent is refused, employees should not assume that they are entitled to record the conversation secretly, said Ms Amarjit Kaur.<\/span><\/p>\n Instead, Ms Harjeet Kaur advised employees to check their employment contract and handbook for any confidentiality or recording clauses.<\/span><\/p>\n \u201cIf you are unable to record, take contemporaneous notes and consider sending a follow-up email setting out what was discussed, and keep a copy of all emails and messages,\u201d she said.<\/span><\/p>\n She also advised those who have already made a recording to seek legal advice if they are unsure about the consequences.<\/p>\n If an employee believes that a covert recording is genuinely necessary to protect their personal safety or preserve evidence of serious wrongdoing, they should consider obtaining legal advice first, Ms Amarjit Kaur said.<\/span><\/p>\n \u201cAny recording should be limited to what is reasonably necessary, securely preserved, left unedited and not distributed more widely than required.\u201d<\/span><\/p>\n<\/div>\nWhat should you do if you want to record a workplace conversation?\u00a0<\/h2>\n
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