Ministry of Justice employees referred to a woman as a “bitch” in an online conversation, which she later received a copy of, serving as a reminder of the importance of careful workplace communication, says an employment lawyer. 

Academic and author Barbara Sumner, conducting PhD research on adoption systems, made several Official Information Act requests. In October last year, she requested all correspondence mentioning her name. Among the responses was a 2022 Teams conversation where employees complained about her requests and referred to her derogatorily.

This disclosure is a stark reminder to anyone venting via Teams or similar platforms to be cautious. Here's what you need to know about accessing your workplace communications.

Alastair Espie, an employment law specialist and partner at Duncan Cotterill, explains that anything sent on a work device or communication tool, like email or internal messaging, is typically accessible by the employer. Employers generally have the right to view such communications unless they have explicitly stated they will treat them as private. However, this assurance is rare.

Espie notes that individuals can use the Privacy Act to request information an organization holds about them, potentially revealing messages intended to be private. This often occurs during employment processes like restructures or disciplinary actions, where employees seek personal information that might include internal emails about the process.

Public sector employees, such as those at the ministry, face additional exposure as their communications can be requested under the Official Information Act. This act allows any public member to request information from government bodies, including emails and messages.

Espie states that if an employer pays for your phone plan, it does not automatically give them the right to access your information. However, if they provide the phone or messaging system, the same rules apply as for other workplace devices.

Espie highlights that certain information, such as legally privileged conversations or details that could breach someone else’s privacy, can be withheld or redacted. Additionally, information given for references or skill assessments is generally confidential. However, most information sent internally, especially in the public sector, is at risk of being discoverable unless specific exemptions apply.