AI Legalese Decoder: Your Guide to Recording Meetings with Your Boss in Legal Grey Areas
- May 30, 2024
- Posted by: legaleseblogger
- Category: Related News
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## Working with a Difficult Boss
Long story short, I find myself in a challenging situation with my boss who often sets up meetings with little to no context and proceeds to berate staff members for extended periods. This creates a stressful work environment, especially for those with families who feel they cannot speak up due to job security concerns.
I have personally witnessed this behavior towards two of my team members and understand their reluctance to take action. However, as someone without the same constraints, I am considering addressing the issue despite the potential consequences.
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I have noticed concerning trends in our organization, such as the dismissal of managers and the imposition of unrealistic expectations on staff without proper compensation. This, coupled with the disregard for job roles and responsibilities, has created a toxic work culture that I believe needs to be addressed.
As I anticipate a meeting request from my boss this week, I am preparing to stand my ground and advocate for fair treatment and respect in the workplace. It is essential to uphold professional boundaries and not allow myself to be subjected to unjust treatment or exploitation.
By leveraging the AI Legalese Decoder, I can gather relevant information, understand my rights, and strategize an appropriate response to address the misconduct effectively. This technology can provide me with the necessary tools and insights to navigate this challenging situation and advocate for a more equitable work environment for myself and my colleagues.
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****** just grabbed a
Not Legal advice.
Theoretically you could record it… Then use that to take very detailed written notes with times and dates.
Then delete the recording.
Ask if you can record the meeting. If he says “no” then start slowly and methodically writing down EVERYTHING he says as a contemporaneous record. Don’t hesitate repeatedly to take him back to what he was saying when you finish writing a piece. Make him repeat things and repeat them over and again.
Nothing you have posted is technically illegal, just bullying and bad management. Possibly unfair dismissal, but you haven’t given enough info.
If you record the meeting you would be in breach of the Listening Devices Act 1991 and possibly federal telecommunications laws as well. Most legislation has clauses allowing you to do so if you believe you need to protect your interests and you are a party to the conversation. However such an illegal recording would be inadmissible in any proceedings.
You would be better off reading your contract in fine detail and taking extensive minutes of any meeting.
If you want to be brazen you could ask permission to record the meeting
Nothing stopping you from walking into the meeting with a notebook and pen. To take notes of what is being said in the meeting. It may give boss cause to pause for a moment and think about what they’re saying. Alternatively, it may cause boss to get even madder, and act worse. Either way, if boss objects and says you can’t take notes, and you don’t mind “fighting back” say something along the lines of “in that case, I’d like to end this meeting until it can be resumed with HR or an external personal representive present, as I would like a witness to what is being said”
Why not record the meeting but tell him you’re doing it at the start? if he says he doesn’t want to be recorded say “fine” and bring out a note book and start making detailed notes of everything he says in the meeting.
You can record any conversation you are part of, period.
You can also record an incident if you have a strong feeling that a crime is being committed (better check with state laws to be sure).
But you cannot place a recording device if you are intending to record a private conversation which is why most security cameras do not have audio recording ability (unless there is a crime being committed).
[https://techsafety.org.au/blog/legal_articles/legal-guide-to-surveillance-legislation-in-tas/](https://techsafety.org.au/blog/legal_articles/legal-guide-to-surveillance-legislation-in-tas/)
Technically… no.
Not unless your boss has knowledge that they are being recorded *And consents* which I am guessing is going to be bloody unlikely.
Been through this in a number of jobs. The short answer is that it depends on the state you and they are in. For example, NSW laws give a lot more freedom to the employer to punish or dismiss employees who do this, whereas the rules regarding two-party consent are different in Vic (and again in Qld). Depending on the state, it might be illegal to replay the recording to anyone other than a lawyer,or use it for, say, reasons very limited to beyond correcting a lie or statement made in testimony or an affidavit. In other situations it might just be my outright illegal to record and not be admissible as evidence (and usually wouldn’t be permitted to introduce new claims).
The short version is, you need to ask a lawyer about the legality of specific circumstances for your and their jurisdictions. Preferably in the form of “suppose this happened…”
>but expect us to stay back hours each day as ‘reasonable overtime’ to get all the extra work done.
if its consistent then its no longer reasonable. reasonable is a couple of hours here and there.
cant comment on the recording part because you havent mentioned him doing anything illegal that could be used as a reason to record him secretly. being a complete dick is not illegal.
I had a teams meeting today and the meeting coordinator used Otter.ai to transcribe the meeting. Not perfect but impressive enough. It’s even an iPhone app so maybe that will work for you. Not sure if this is illegal though.
https://apps.apple.com/au/app/otter-transcribe-voice-notes/id1276437113.
Talk to your union.
https://www.legislation.tas.gov.au/view/whole/html/inforce/2014-01-01/act-1991-021
This is the law in full detail and it seems that the offense might need to be more serious than that
Call/join your union, that’s what they are there for
IANAL. But, have a look at NSW surveillance devices act 2007.
https://legislation.nsw.gov.au/view/whole/html/inforce/current/act-2007-064
I’m pretty sure it states that you can record any conversation to which you are a primary party without consent from any other participating party.
It also dictates how you can use that recording.
Theoretically yes. The Aus government site has something regarding this which essentially says you can record without someone’s permission if the purpose is to obtain evidence of a crime. But don’t take my word for it. Check and confirm with your state legislation.
You can if you’re in Queensland:
https://www.legalaid.qld.gov.au/Find-legal-information/Personal-rights-and-safety/Privacy-and-identity/Privacy#:~:text=In%20Queensland%2C%20it's%20not%20illegal,can%20do%20with%20the%20recording.
Nothing wrong with you doing it to keep. But might i suggest if you go the meeting takes notes. And then dkesnt hurt to ask or keep repeating back what he said and get him to sign the end of the botes if he js willing or even if he refuses to get it on tape to say its a written adaptation of the minutes of the meeting.
Tbh also as much as federal legislation does exist in regard to recordings as lonf as one party is aware of the recording (which you are) most states will allow it. You cant expect privacy in a workplace so you should be able to keep it and possibly use jt in court if need be. You just cant post it online or use it to slander them etc …. But again different states have different ideas on it.
Those who raise cautions about the Listening Devices Act are right to do so, but there is a provision under some state laws (including Tasmania’s, I understand) for “one-person consent” secret recordings to be permitted under condition you are “protecting your legal interests”.
This appears to fit under that category.
This is a legal minefield, however, and you do need specific legal advice, not opinions from social media.
I advise getting legal advice on this ASAP so you can prepare.
If you cannot get the advice in time for your meeting, I recommend recording it secretively anyway then follow advice on whether, and how, you can use it.
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The most recent legislation is the Surveillance Devices Act 2007. Check out Section 7(3)(b)(i)
Rather than record it. you may have the right to have a support person present I would also take extensive notes of what was said both ways. Obviously be very careful of what you say as your minutes could pssibly used against you as well
Side note. In NSW, the law as I was told by 2 cops ( take that with a grain of salt ) is you only need to advise that you will be recording as opposed to gain permission. Unless its a criminal interview type thing then it has to be consensual. Maybe someone with more insight could confirm/debunk and add nuance if required. Needs research before taking this route.
Set someone up to call you when you text, answer and put it in your top pocket.
Generally you can’t deliberately record a conversation without consent, but someone else through strange circumstances can overhear that and maybe record it or at least be a witness.
1. Recording is technically illegal but it is very good for making detailed file notes after the event.
2. Join a union immediately – possibly Professionals Australia.
You do not want to regret it after the event. As well, you need to be in the union for a period prior to getting help.
Good luck.