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RSM's talkBIG Podcast
Is remote work surveillance going too far?
As technology makes it easier than ever to track employee activity, businesses are grappling with how to balance productivity with privacy. In this episode of talkBIG, host Andrew Sykes is joined by BAL Lawyers director Bill Pardy and RSM Australia’s Director of People & Culture Rebekah Mark to unpack the legal, ethical and cultural implications of monitoring remote teams.
Together, they explore how surveillance affects trust, what employers are legally required to consider, and how organisations can create transparent, high-performing remote workplaces without compromising employee wellbeing.
What you’ll learn in this episode:
- The rise of surveillance technology in remote work environments and its implications.
- How to balance productivity with privacy in the workplace.
- The legal and ethical considerations of monitoring employees.
- The impact of surveillance on employee trust and organisational culture.
If you want to grasp how workplace surveillance impacts remote work dynamics, this episode is filled with essential insights you can't afford to miss.
Thanks for listening! Visit the RSM Australia website to ask the hosts a question.
<font color=#636664FF>How do organisations find the right balance between productivity, safety and privacy?</font><font color=#636664FF>Surveillance tech is on the rise, but where is the line between productivity and privacy?</font><font color=#636664FF>Remote work has become a permanent fixture in many businesses across industries.</font><font color=#636664FF>With this shift, employers are increasingly turning to surveillance technologies to monitor productivity, ensure data security and manage risk.</font><font color=#636664FF>However, this raises critical questions about legality, ethics, employee trust and privacy.</font><font color=#636664FF>Hello, I'm Andrew Sykes and I've been a business accountant for over 30 years.</font><font color=#636664FF>I talk about business, money and the economy to help you get ahead.</font><font color=#636664FF>Welcome to talkBIG.</font><font color=#636664FF>Today, we're going to talk a bit about privacy, workplace surveillance and the range of tools that companies use to monitor remote workers</font><font color=#636664FF>depending on what they need to track.</font><font color=#636664FF>These may include time trackers to log hours, activity monitors that check which apps or websites are used and sometimes screen capture tools.</font><font color=#636664FF>Some platforms also offer AI-based productivity insights or GPS tracking for mobile staff </font><font color=#636664FF>and while these tools can be helpful with accountability and workflow visibility,</font><font color=#636664FF>Some platforms also offer AI-based productivity insights or GPS tracking for mobile staff and while these tools can be helpful with accountability and workflow visibility,</font><font color=#636664FF>it's important that they are used transparently.</font><font color=#636664FF>How much is too much monitoring?</font><font color=#636664FF>When is it invasive?</font><font color=#636664FF>And can it damage employee trust?</font><font color=#636664FF>In this episode of talkBIG, we're going to unpack some of those legal, ethical and human implications of remote workplace surveillance.</font><font color=#636664FF>Is it about safety or about control?</font><font color=#636664FF>And how can business strike the right balance?</font><font color=#636664FF>Joining me today, I've got a couple of experts.</font><font color=#636664FF>I've got Bill Pardy, a director at BAL Lawyers, who specialises in employment law, and RSM Australia's very own Rebekah Mark, </font><font color=#636664FF>the director of people and culture for RSM Australia</font><font color=#636664FF>I've got Bill Pardy, a director at BAL Lawyers, who specialises in employment law, and RSM</font><font color=#636664FF>Australia's very own Rebekah Mark, the director of people and culture for RSM Australia</font><font color=#636664FF>So welcome to you both.</font><font color=#636664FF>Bit of background on our guest, Bill has 25 years experience</font><font color=#636664FF>as a lawyer across numerous jurisdictions and practice areas.</font><font color=#636664FF>He has Bachelor of Arts and Bachelor of Laws from University of New South Wales and he works with clients </font><font color=#636664FF>to manage people risk and achieve desired outcomes across industrial</font><font color=#636664FF>He's a Bachelor of Arts and Bachelor of Laws from University of New South Wales and he</font><font color=#636664FF>works with clients to manage people risk and achieve desired outcomes across industrial</font><font color=#636664FF>relations, work health and safety, and workers compensation and employment matters.</font><font color=#636664FF>So Bill's an expert in this area and works in various courts and tribunals.</font><font color=#636664FF>Rebekah has been working in people and culture for over 20 years.</font><font color=#636664FF>She's worked in various industries, including telecommunications, banking, financial services and professional services.</font><font color=#636664FF>Rebekah has a Bachelor of Economics and a post-graduate in Human Resources and Industrial Relations </font><font color=#636664FF>and she has extensive experience and is one of my favourite people at RSM</font><font color=#636664FF>Australia Australia.</font><font color=#636664FF>Welcome, Rebekah.</font><font color=#636664FF>Thank you, Andrew.</font><font color=#636664FF>So we've got some people here who know about this.</font><font color=#636664FF>So we'll jump straight in into what I think is a fascinating subject and touches on a lot of people,</font><font color=#636664FF>freedoms at work and freedoms when you're working remotely to do your work.</font><font color=#636664FF>So we'll jump straight in into what I think is a fascinating subject and touches on a lot</font><font color=#636664FF>of people, freedoms at work and freedoms when you're working remotely to do your work.</font><font color=#636664FF>Let's start with discussing what that legal landscape of remote work surveillance looks like.</font><font color=#636664FF>Bill, what does the law say</font><font color=#636664FF>about how we can monitor employees?</font><font color=#636664FF>Thanks, Andrew.</font><font color=#636664FF>Well, that's a question that really depends on your location for starters.</font><font color=#636664FF>All of the legislative provisions are state-based or territory-based, in my case, given that I'm based in Canberra.</font><font color=#636664FF>So you really need to be aware of the specific context of the question and the</font><font color=#636664FF>arrangements that exist in the particular workplace.</font><font color=#636664FF>Now, that obviously becomes more complicated if you're in a business that spans different jurisdictions</font><font color=#636664FF>and there are also some federal considerations in terms of the Commonwealth Privacy Legislation, for example.</font><font color=#636664FF>Firstly, identifying what your obligations are is a task in itself sometimes and that's not only limited to the legislation that applies to workplace </font><font color=#636664FF>but it also has broader context in relation to issues like work health and safety</font><font color=#636664FF>and any consultation requirements that might exist for businesses if there's going to be a change to introduce this kind of surveillance </font><font color=#636664FF>because of the provisions of things like</font><font color=#636664FF>and any consultation requirements that might exist for businesses if there's going to be a</font><font color=#636664FF>change to introduce this kind of surveillance because of the provisions of things like</font><font color=#636664FF>awards or other industrial agreements that talk about consultation requirements for major workplace change.</font><font color=#636664FF>So in brief, it's a complicated picture with a lot of different variables depending on where you are, but essentially the source of the material</font><font color=#636664FF>is specific workplace legislation and that's the case in New South Wales, Victoria and the ACT.</font><font color=#636664FF>There's no specific legislation in other states and territories.</font><font color=#636664FF>For considerations in those areas you need to look more broadly about what the privacylegislation says in general </font><font color=#636664FF>as opposed to specifically related to a workplace.</font><font color=#636664FF>Yeah, so I suppose I'll ask you one question I think a lot of people would want to know.</font><font color=#636664FF>If I'm a remote worker, do I have to consent to being monitored?</font><font color=#636664FF>Again, that's a good question and it depends really on where you're employed and that's a separate question around </font><font color=#636664FF>where the contract is made from a legal perspective and the</font><font color=#636664FF>Again, that's a good question and it depends really on where you're employed and that's a</font><font color=#636664FF>separate question around where the contract is made from a legal perspective and the</font><font color=#636664FF>requirements differ between those jurisdictions as I've just said.</font><font color=#636664FF>In New South Wales and the ACT for example, just notice to the employee is sufficient that the employer intends to conduct these activities </font><font color=#636664FF>or will have this as part of the work environment.</font><font color=#636664FF>In Victoria it's slightly more nuanced because consent's notionally required, although the Act does contemplate that there can be implied consent by </font><font color=#636664FF>by virtue of being provided with</font><font color=#636664FF>by virtue of being provided with</font><font color=#636664FF>either an employment contract or a workplace policy that sets out what the employer intends to do or reserves the right to do </font><font color=#636664FF> in relation to monitoring you while you're at work.</font><font color=#636664FF>So Rebekah, broadly speaking in a general sense, you'd want to get consent from your employees just to cover yourself off.</font><font color=#636664FF>Rebekah, speaking from an employer's perspective, because RSM Australia Australia has quite a large remote</font><font color=#636664FF>workforce. How does that kind of work within, from an employer's point of</font><font color=#636664FF>view? Then the requirement for some sort of surveillance.</font><font color=#636664FF>So as Bill mentions, it's different in different states and we are a national organisation so we need to be mindful of that.</font><font color=#636664FF>So our employment contracts do talk about the various, depending on which state the person's located, does mention the various requirements for that.</font><font color=#636664FF>It can be as simple as in New South Wales, we've recently moved offices and part of that, there are some cameras in the foyer area </font><font color=#636664FF>and so we had to actually go through a process of letting our people know that that was a part of our new office.</font><font color=#636664FF>So definitely we think about that as we think about engaging with our employees.</font><font color=#636664FF>So Bill, going back to you and some of the legal aspects, what are the risks if employers overstep those boundaries in relation to surveillance?</font><font color=#636664FF>Well, there's obviously technical breaches of the relevant workplace surveillance legislation if there is specific legislation that applies </font><font color=#636664FF>each of those different acts</font><font color=#636664FF>in the different jurisdictions, if they do apply, have provisions in relation to penalties if there are breaches.</font><font color=#636664FF>More broadly, though, it's important to think about considerations like your obligations from a work health and safety perspective.</font><font color=#636664FF>Clearly the potentially intrusive nature of workplace surveillance.</font><font color=#636664FF>Certainly if there's direct knowledge of it from an employee's perspective, can give rise to concerns like claims for workers' compensation </font><font color=#636664FF>for psychological injury, questions</font><font color=#636664FF>Certainly if there's direct knowledge of it from an employee's perspective, can give rise to concerns like claims for workers' compensation, for psychological injury, questions</font><font color=#636664FF>about whether you've breached your duties to your staff from a psychosocial risk management perspective.</font><font color=#636664FF>So there are a couple of instances and we'll probably come to them later in the chat about</font><font color=#636664FF>businesses that have potentially overstepped the mark and it's got not only legal but also potentially more broadly reputational consequences as well.</font><font color=#636664FF>So you really do need to think about not necessarily just what you can do legally but what you would like to be doing as an employer in relation to the </font><font color=#636664FF>in relation to the way you relate to your staff.</font><font color=#636664FF>So you really do need to think about not necessarily just what you can do legally but what</font><font color=#636664FF>you would like to be doing as an employer in relation to the way you relate to your staff.</font><font color=#636664FF>Yeah, and I think that's a really good point, Bill and I suppose it probably brings us right back to the starting point and Rebekah, I'll ask you why.</font><font color=#636664FF>Why do employers need, what's the benefit to both the employer and the employee?</font><font color=#636664FF>Building on what Bill was just saying, there are legal ramifications particularly in terms of work health and safety and psych safety.</font><font color=#636664FF>There are also business implications in terms of brand and reputation but I would actually say, and this is part of our role in people and culture, </font><font color=#636664FF> is there's even a bigger risk which is around the impact to the culture of</font><font color=#636664FF> the organisation as a whole and if we create a culture that creates a culture where people feel that they're not trusted,</font><font color=#636664FF>that they're not held accountable for deliverables of outcome, then they're not going to be engaged </font><font color=#636664FF>and being engaged is around putting in that discretionary effort.</font><font color=#636664FF>So then the focus of the employee becomes more around, I need to do this to meet compliance requirements, </font><font color=#636664FF>as opposed to I'm connected to the organisation and I want to</font><font color=#636664FF>really go the extra mile to deliver for our clients.</font><font color=#636664FF>So it actually has an even bigger risk that equals real dollar value.</font><font color=#636664FF>Is it that you end up with disengagement throughout your workforce?</font><font color=#636664FF>100% and then if you kind of take that to the extreme that can be your current workforce,</font><font color=#636664FF>it can result in higher attrition which we know there's direct cost for, it can result in difficulty in terms of attracting people</font><font color=#636664FF>because apart from the business reputation for your clients there's also the business reputation in terms of employees being attracted</font><font color=#636664FF>wanting to work for your organisation.</font><font color=#636664FF>So you can kind of plus plus plus the cost impact if you go about this in the wrong way.</font><font color=#636664FF>Yeah, but then there are also obligations on the employer, aren't they, you know, you know, things like, </font><font color=#636664FF>you know, the safety of your setup, your environment.</font><font color=#636664FF>Yeah, but then there are also obligations on the employer, aren't they, you know, you know, things like, you know, the safety of your setup, your environment.</font><font color=#636664FF>How does that extend out of the workplace?</font><font color=#636664FF>So definitely the organisation still has an obligation for that in terms of providing a safe work environment</font><font color=#636664FF>and safe work environment is both physical and mental.</font><font color=#636664FF>So definitely the organisation still has an obligation for that in terms of providing a safe work environment and safe work environment is both physical and mental.</font><font color=#636664FF>So again, it's broader than just how your desk is set up and making sure you don't have wires on the floor to trip over, </font><font color=#636664FF>but it is also the psychological safety of your work</font><font color=#636664FF>environment and the organisation does have obligations under WHS law regarding that, definitely.</font><font color=#636664FF>Yeah, and there's a fine line, and I think it's a fine line that exists in the office as</font><font color=#636664FF>much as out of the office </font><font color=#636664FF>is that management versus micro management and the kind of</font><font color=#636664FF>that visibility in the office lends towards that belief that if you can see people,</font><font color=#636664FF>they're more productive.</font><font color=#636664FF>What's the research telling us, Rebekah, in terms of productivity of remote workers versus in office workers?</font><font color=#636664FF>Interesting because there's quite a number of different articles, research articles on this.</font><font color=#636664FF>We have seen a research that says actually people can be more productive when they're working from home because </font><font color=#636664FF>they are not wasting time, having social conversations with people.</font><font color=#636664FF>They typically start earlier and finish later because they don't have that commute time and that commute time is often redirected towards work</font><font color=#636664FF>and often they don't even take lunch breaks.</font><font color=#636664FF>So in actual fact, there's some research that says you need to be careful of burnout </font><font color=#636664FF>where people are overproductive when they work from home, which is interesting because there can</font><font color=#636664FF>So in actual fact, there's some research that says you need to be careful of burnout where</font><font color=#636664FF>people are overproductive when they work from home, which is interesting because there can</font><font color=#636664FF>be a perception that there's actually lower productivity when people work from home and there definitely has been research to show that.</font><font color=#636664FF>Some organisations, so this obviously came about with COVID</font><font color=#636664FF>and some organisations in particular call centres saw an increase in productivity initially when we all had to work from home </font><font color=#636664FF>and then over a period of time saw that productivity decrease.</font><font color=#636664FF>That's a role where there are very clear outputs that are easily measured </font><font color=#636664FF>versus say a knowledge worker that is more around the delivering a piece of work.</font><font color=#636664FF>That's a role where there are very clear outputs that are easily measured versus say a</font><font color=#636664FF>knowledge worker that is more around the delivering a piece of work.</font><font color=#636664FF>So it's interesting.</font><font color=#636664FF>The research almost covers all gamuts of what it might mean to work remotely.</font><font color=#636664FF>Yeah, so it's one of these things is no clear answer to.</font><font color=#636664FF>When I get asked by clients, I tend to say, productivity is generally a leadership issue</font><font color=#636664FF>and you're still leading your remote workers and maybe you need to look at what that looks like.</font><font color=#636664FF>Part of that seems to be the trust element.</font><font color=#636664FF>We have touched on transparency, Bill.</font><font color=#636664FF>What's the requirements around transparency legally?</font><font color=#636664FF>Yes, well, certainly, whether it is either requesting consent or just providing notice,</font><font color=#636664FF>the detail of the surveillance activities that are going to be undertaken should be made clear.</font><font color=#636664FF>It's really quite important not only from a legal compliance perspective, but because </font><font color=#636664FF>of some of those cultural and workplace safety factors that Rebekah spoke to, that people</font><font color=#636664FF>have an understanding of what is going to occur and probably more importantly, even why it's going to occur.</font><font color=#636664FF>Even better perhaps is that they actually have some input into deciding what kind of surveillance is appropriate from their perspective </font><font color=#636664FF>because clearly there's an interest</font><font color=#636664FF>Even better perhaps is that they actually have some input into deciding what kind of surveillance is appropriate from their perspective </font><font color=#636664FF>from all employees point of view in that other employees do their job competently and they are not disproportionately burdened by </font><font color=#636664FF>by a workload if other people are allowed to not perform at an appropriate level.</font><font color=#636664FF>So there is a genuine interest in my view in</font><font color=#636664FF>employees understanding what is going to be done, why it’s going to be done and what the consequences are if underperformance, </font><font color=#636664FF> however, it's assessed by the technological setup is</font><font color=#636664FF>employees understanding what is going to be done, why it's going to be done and what the</font><font color=#636664FF>consequences are if underperformance, however, it's assessed by the technological setup is</font><font color=#636664FF>then identified and actioned and all of the transparency that you would expect in relation to the content of a workplace policy or an employment contract.</font><font color=#636664FF>And again, there's a debate to be had about whether one or both of those</font><font color=#636664FF>sort of source documents is the appropriate location but probably from a detailed perspective, </font><font color=#636664FF>the policy is what I recommend to clients as having the more clear and</font><font color=#636664FF>detailed explanation about the kinds of surveillance that will be undertaken from time to time, not necessarily always, and why it's being done.</font><font color=#636664FF>So from that perspective, notice is, you know,</font><font color=#636664FF>a bare minimum.</font><font color=#636664FF>Consent is better and then informed consent is even better in the sense that you actually have a proper understanding of the activities in the workplace </font><font color=#636664FF>and why they're being undertaken from a management perspective.</font><font color=#636664FF>If you can actually have some input into the policy as staff, then that's even better again, because you're addressing in sort of one consistent way,</font><font color=#636664FF>a number of issues from a business's perspective.</font><font color=#636664FF>You're addressing things like psychosocial risk by actually taking a bottom-up approach to identifying things that may be of concern </font><font color=#636664FF>to your staff in the way they conduct their work</font><font color=#636664FF>You're addressing things like psychosocial risk by actually taking a bottom-up approach to</font><font color=#636664FF>identifying things that may be of concern to your staff in the way they conduct their work</font><font color=#636664FF>and the way they interact with their employer so that it's more cohesive </font><font color=#636664FF>and offers the opportunity for more buy-in from staff perspective if there is genuine consultation and</font><font color=#636664FF>for more buy-in from staff perspective if there is genuine consultation and</font><font color=#636664FF>then there is an understanding that, you know,</font><font color=#636664FF>certain things will be preferred not to occur probably from staff point of view, but equally there's a business rationale</font><font color=#636664FF>for them to be undertaken and then the real issue is</font><font color=#636664FF>certain things will be preferred not to occur probably from staff point of view, but equally there's a business rationale for them to be undertaken and then the real issue is</font><font color=#636664FF>determining once you've undergone that consultation process, where you can find the, you know,</font><font color=#636664FF>goldilocks zone of not too hot and not too cold, but just right.</font><font color=#636664FF>So look, it's a difficult process potentially, but if you follow the right processes, you should get an outcome that everyone can</font><font color=#636664FF>live with moving forward.</font><font color=#636664FF>So really some really good, not just legal, but leadership advice in there Bill.</font><font color=#636664FF>I love some of those points and it's really be as transparent as you can with your team.</font><font color=#636664FF>Explain to them why you're going to do this and get their input into the level of surveillance or accountability </font><font color=#636664FF>that they are comfortable with because you're</font><font color=#636664FF>Explain to them why you're going to do this and get their input into the level of</font><font color=#636664FF>surveillance or accountability that they are comfortable with because you're</font><font color=#636664FF>balancing that trust versus accountability sort of equation.</font><font color=#636664FF>When we look at that, as a remote worker, could I say, well, hang on, if I was doing my job in the office </font><font color=#636664FF>or the person doing the same job as me in the office doesn't have the</font><font color=#636664FF>same AI surveillance or screen capturing, that's not fair.</font><font color=#636664FF>I'm being monitored differently to somebody doing the same job, but because they're in the office.</font><font color=#636664FF>Yeah, and my response to that would be the business needs to clearly identify rationale as to why they treat those circumstances differently.</font><font color=#636664FF>My view is that monitoring of output, regardless of the form that that takes, is appropriate in whichever context,</font><font color=#636664FF>either in the workplace or outside the workplace working from home.</font><font color=#636664FF>So my personal view on it is that, you know, things like</font><font color=#636664FF>consistency of application of a policy is really useful from a business's point of view, because if you ever decide that you </font><font color=#636664FF>want to action under performance based on some of the</font><font color=#636664FF>consistency of application of a policy is really useful from a business's point of view, because if you ever decide that you </font><font color=#636664FF>material or information that you've gathered, there won't be or there'll be an easy response to say, </font><font color=#636664FF>well, I've been targeted from a subjective, you know, worker's perspective.</font><font color=#636664FF>I've been unfairly dismissed.</font><font color=#636664FF>This has been inappropriate, being bullied or harassed</font><font color=#636664FF>virtually by virtue of the way in which I've been managed, etcetera.</font><font color=#636664FF>I think if you can point to not only foundation documents like an employment contract and a policy,</font><font color=#636664FF>but then also have evidence of the way in which the policy has actually been</font><font color=#636664FF>implemented, then you've got the foundation for saying, the reason why we took these steps is that we identified across our broader business,</font><font color=#636664FF>that there was a particular output issue in this team or with this particular individual.</font><font color=#636664FF>Clarity of explaining your decision-making is assisted by the data that you should have from that point of view</font><font color=#636664FF>and you should obviously always as a business be in a position to</font><font color=#636664FF>make proper business decisions.</font><font color=#636664FF>You still have the ability to run the business as you see fit, but you may be asked to show you're working in a legal context these days,</font><font color=#636664FF>particularly if you make claims for things like bullying and harassment, unfair dismissal or breach of general protections </font><font color=#636664FF>involving adverse action, including termination of employment.</font><font color=#636664FF>So trying to think a couple of steps ahead from a business's perspective is sometimes </font><font color=#636664FF>little bit unpalatable because no one wants to think of everything or anything going wrong</font><font color=#636664FF>So trying to think a couple of steps ahead from a business's perspective is sometimes a</font><font color=#636664FF>little bit unpalatable because no one wants to think of everything or anything going wrong</font><font color=#636664FF>in these processes but equally, the best way to make sure that you have your position covered if you do</font><font color=#636664FF>need or want to action performance issues based on the data you've collected is to have a clear rationale </font><font color=#636664FF>before it takes place as to why it's appropriate and then to demonstrate</font><font color=#636664FF>need or want to action performance issues based on the data you've collected is to have a</font><font color=#636664FF>clear rationale before it takes place as to why it's appropriate and then to demonstrate</font><font color=#636664FF>that it hasn't necessarily been targeted an individual for any reason other than the fact that the data shows</font><font color=#636664FF> there's a lack of performance compared to other staff.</font><font color=#636664FF>So you can't as an employer go and say, well Bill I've noticed you haven't been working very much lately, mate, </font><font color=#636664FF>we're gonna throw this on your computer to monitor your work.</font><font color=#636664FF>That's a bad way to approach it.</font><font color=#636664FF>I think it's not optimal.</font><font color=#636664FF>I wouldn't rule it out necessarily, but again, it's part of having a clear rationale for the action or the conduct </font><font color=#636664FF>and some basis to say look, this is something that we will</font><font color=#636664FF>approach neutrally and if the data demonstrates that the concerns that have been raised with us </font><font color=#636664FF>or that we have are not borne out by your performance during the monitoring period,</font><font color=#636664FF>then the conclusion will be based on that material.</font><font color=#636664FF>So I think so long as it was, you know, in that instance, if you were looking at it as a discrete part of,</font><font color=#636664FF> for example, a performance improvement or a performance management</font><font color=#636664FF>process, so long as it was explained as to why it was going to be introduced at a particular level and that there was a sufficient basis for the application of that technology,</font><font color=#636664FF>at the beginning of the process, so that if the concerns were real or valid in the first place and you should have some basis for them, </font><font color=#636664FF>then the action you take isn't necessarily</font><font color=#636664FF>constrained by these concerns from a business' perspective, because ultimately you're still entitled to manage your staff </font><font color=#636664FF>and it's a question of the tools that you have</font><font color=#636664FF>available to do so.</font><font color=#636664FF>So again, from my point of view, from a legal perspective, finding the balance is tricky.</font><font color=#636664FF>But you shouldn't necessarily have a fear of adopting new technology that actually might be important as a productivity measuring device or process.</font><font color=#636664FF>So long as there is an understanding of your staff that it may occur and then if it does occur, the rationale why it is occurring.</font><font color=#636664FF>Yeah, I certainly find there's an appeal there.</font><font color=#636664FF>It resonates with what you're saying as part of a performance improvement discussion.</font><font color=#636664FF>I mean, we do as leaders, we need to manage productivity and performance over time.</font><font color=#636664FF>Rebekah, can I ask you, we've got plenty of people who work from home.</font><font color=#636664FF>What are some of the decisions that we've made and some of the background to it in relation to workplace surveillance?</font><font color=#636664FF>I think Bill has been talking to what are the legal implications and how you do need to think a few steps ahead.</font><font color=#636664FF>You made the point earlier around it comes back to leadership and definitely it does.</font><font color=#636664FF>And if we think about, if we take the conversation up a level and it's around high performing teams, </font><font color=#636664FF>high performing teams happen when there is clear expectation on the</font><font color=#636664FF>outcome that's required, people are clear on their role and what they need to deliver.</font><font color=#636664FF>They feel connected to something.</font><font color=#636664FF>They feel like they're part of something bigger.</font><font color=#636664FF>So that's that purposeful, meaningful work.</font><font color=#636664FF>That is, and there's regular feedback, honest feedback.</font><font color=#636664FF>Again, a lot of leaders will avoid the feedback.</font><font color=#636664FF>So having regular feedback, not waiting till the performance review, but to say, hey,</font><font color=#636664FF>Fred, I noticed last week we had agreed you were going to deliver this proposal.</font><font color=#636664FF>It was a few days late.</font><font color=#636664FF>Can you help me understand what went on there?</font><font color=#636664FF>Again, jumping to a conclusion that that is because Fred's lazy and is working from home</font><font color=#636664FF>and spending the time watching TV as opposed to working versus actually Fred got stuck on</font><font color=#636664FF>part of some research and wasn't sure who to go to or something happened that we weren't aware of.</font><font color=#636664FF>So really it comes back to good leadership practices and at RSM Australia Australia that's one of the things that we really drive.</font><font color=#636664FF>Part of our employee value proposition,</font><font color=#636664FF>is around being really clear around meaningful purposeful work and our leaders being able to create that connection for our people.</font><font color=#636664FF>Leaders being really clear on delivery and what's required and delegating accountability and then creating a real culture of performance feedback </font><font color=#636664FF>where feedback is sought and given on a regular basis.</font><font color=#636664FF>That's actually what gives you high performance.</font><font color=#636664FF>And then if there are concerns around delivery,</font><font color=#636664FF>then to be able to have a conversation around, what might we do, what might we need to put in place to manage that.</font><font color=#636664FF>But I sort of feel like from a people and culture perspective, surveillance is like your last resort tool.</font><font color=#636664FF>I think your leadership tool should definitely be the first tools that you're leveraging in those conversations.</font><font color=#636664FF>Yeah, so there's an element there around compliance where we have to ensure psychological safety,</font><font color=#636664FF>we have to ensure a safe working environment, just like we do in the office.</font><font color=#636664FF>But really, it's probably potentially a poor leadership choice to go for surveillance to manage productivity </font><font color=#636664FF>versus exactly the same tools that we would use if it was an in-office worker where we'd have a talk to them and</font><font color=#636664FF>talk through issues rather than throw surveillance in there.</font><font color=#636664FF>I think it's always, as the conversations come through today, it's about balance.</font><font color=#636664FF>So again, that's the approach we take at RSM Australia where even remote working is balanced.</font><font color=#636664FF>So our preference is that there is a mix we call hybrid working and there's a mix of how many days in the office and how many days remote.</font><font color=#636664FF>Remote might also in our world include at client sites, so it's not just working from home.</font><font color=#636664FF>So it's also thinking about that</font><font color=#636664FF>more broadly and that can apply to a lot of businesses as well.</font><font color=#636664FF>Not necessarily does everyone all physically work together all day and so that's something that we find is finding that balance of in-person working, </font><font color=#636664FF>remote working, trying to get the best of all worlds.</font><font color=#636664FF>Yeah and look, I certainly have found that remote working has been really positive in my experience.</font><font color=#636664FF>You know, some very high value employees that may have had family commitments, weren't able to work full time </font><font color=#636664FF>and now are able to work full time because they can fit work around either caring for parents, for children, for family, travel, distance from the office.</font><font color=#636664FF>There's a whole bunch of really good reasons</font><font color=#636664FF>and balance is that key thing.</font><font color=#636664FF>Bill, we tend to find that legal matters happen when that balance is not met.</font><font color=#636664FF>If you've got any interesting recent cases where that's been the case, we've got some good legal matters that we've had lately.</font><font color=#636664FF>Yeah, look, there's a couple of matters that have obviously had some particular media attention specifically lately.</font><font color=#636664FF>Ironically enough, the use of this quite intrusive surveillance monitoring by a company that does training and compliance matters.</font><font color=#636664FF>I'm not sure if we should necessarily name them in the podcast here but</font><font color=#636664FF>they have come under criticism for essentially activating the recordings of microphones of their staff working remotely </font><font color=#636664FF>so that their laptops were actually receiving and recording sound without staff being aware of it.</font><font color=#636664FF>That's created quite a degree of controversy, particularly involving regulatory</font><font color=#636664FF>investigation by the relevant work safety authority.</font><font color=#636664FF>It's it's also had some reported implications in relation to claims for unfair dismissal or workers' compensation</font><font color=#636664FF>arising from actions that have been taken based on the data</font><font color=#636664FF>that's been collected without staff being aware of it.</font><font color=#636664FF>Clearly, the critique of that particular organisation is that the scope of the information they sought to collect and record </font><font color=#636664FF>and then obviously action in a couple of cases,</font><font color=#636664FF>was well beyond the scope of expected monitoring of activity from staff's perspective and while the company has defended </font><font color=#636664FF> its position to date by saying, well, you know, it's been</font><font color=#636664FF>disclosed and there's at least implied consent by virtue of the fact that we have a policy and there's an employment contract </font><font color=#636664FF>that deals with our ability to conduct this kind of surveillance.</font><font color=#636664FF>The fact is that the detail of that activity and its scope</font><font color=#636664FF>was well beyond the expectations of staff and probably more broadly, well beyond the expectations of society </font><font color=#636664FF>and indeed specifically the regulators who are looking at it.</font><font color=#636664FF>I think you really on the question of balance, you need to have proportionality in your use of the technology from an employer's perspective.</font><font color=#636664FF>You need to have a clear understanding of the kinds of risks that</font><font color=#636664FF>from the business's perspective you're trying to address in terms of whether it be performance or in other contexts, perhaps safety.</font><font color=#636664FF>Another organisation that again has come to media attention recently and has got itself well and truly offside</font><font color=#636664FF>with the relevant union in that industry is involved in airport transfers, things like</font><font color=#636664FF>moving luggage across tarmacs to load on planes and those sorts of things and they've obviously embarked on an intended process</font><font color=#636664FF>to actually conduct audio recording in their</font><font color=#636664FF>vehicles so that they understand from the business's perspective what communications are happening and why</font><font color=#636664FF>and probably then they can raise from their perspective issues around</font><font color=#636664FF>safety and the degree of communication of their drivers and workers who are operating in quite a significantly potentially dangerous </font><font color=#636664FF>environment with airplanes, large vehicles,</font><font color=#636664FF>people moving, anyone who's sat and watched an airport of any magnitude for half an hour while waiting for a flight </font><font color=#636664FF>will understand there's quite a lot of activity on the ground,</font><font color=#636664FF>on the air side.</font><font color=#636664FF>The business in that case has said, if we think there's a genuine interest in us recording this information, the union understandably doesn't agree.</font><font color=#636664FF>I think in that particular case, there's two different issues compared to the other business that I spoke about.</font><font color=#636664FF>One is that there's a discussion about it happening not after it's already occurred and people finding out about it later </font><font color=#636664FF> once those surveillance activities have been relied</font><font color=#636664FF>to conduct some form of performance management, there's actually a prospective discussion around it.</font><font color=#636664FF>And secondly, I think there's a much more compelling argument from a safety perspective in recording the activities</font><font color=#636664FF>that occur in a luggage transport vehicle, however you want to</font><font color=#636664FF>describe it, because of the broader safety implications for their own workers and indeed other staff in those workplaces.</font><font color=#636664FF>So again, the question of proportionality is,</font><font color=#636664FF>it is critical around how you go about and the reasons why you use the technology.</font><font color=#636664FF>I find that fascinating, Rebekah, I can just imagine in our circumstances, imagine having to listen to hours and hours of accountants conversation.</font><font color=#636664FF>I mean, riveting, riveting.</font><font color=#636664FF>What I find really interesting and Rebekah, maybe you can reflect on this a bit, is the decision-making process and where employers think that</font><font color=#636664FF>because it immediately, when Bill, when you describe it, both those cases sound like a really bad idea </font><font color=#636664FF>and sound really intrusive and just scream, I don't trust you, so I'm</font><font color=#636664FF>going to listen to everything you say to catch you out.</font><font color=#636664FF>Rebekah, how do those sort of decisions get made?</font><font color=#636664FF>I find that really interesting.</font><font color=#636664FF>I think as Bill started at the very beginning of the conversation, it's about the why.</font><font color=#636664FF>I don't think you can go past the old Simon Sinek "Start with Why".</font><font color=#636664FF>Why are you doing it?</font><font color=#636664FF>So do we need to monitor surveillance, have surveillance on people because we're concerned about what their output is?</font><font color=#636664FF>Or is it because actually we're concerned about a safety risk?</font><font color=#636664FF>So potentially, actually there's a really good why as to why we might</font><font color=#636664FF>do some of this activity and as we said earlier in the conversation, consulting with people.</font><font color=#636664FF>So again, if we start with the why, what is the problem we're trying to solve for, then we have a conversation with our people </font><font color=#636664FF>and actually treat them as adults and engage them in</font><font color=#636664FF>solving the solution, designing the solution.</font><font color=#636664FF>So engaging with a group of people, we often do that at RSM Australia in focus groups, so getting a good representation across the organisation.</font><font color=#636664FF>Putting the problem statement to our people and saying, here's a problem that we've identified, help us think through how we might </font><font color=#636664FF> we might design a solution that would solve for this</font><font color=#636664FF>problem and often people will come up with really great ideas that we haven't thought about.</font><font color=#636664FF>But it could well be that there's a clear case.</font><font color=#636664FF>where, say for example, police, military first responders have a requirement to put their recording devices on at certain points in time.</font><font color=#636664FF>So maybe those companies could have said, hey, here's the high, could have agreed with the employees, here's our high risk periods.</font><font color=#636664FF>We want you to record here and get consent and engagement to do it.</font><font color=#636664FF>Yeah, I think that's a good point, Andrew.</font><font color=#636664FF>I guess the other side of that question, though, is in any activity where you've got things that you perceive to be elevated or high risk, </font><font color=#636664FF> relying on the individual work is</font><font color=#636664FF>not typically an adequate response from a work health and safety perspective and I think that's where I would, from a legal point of view, </font><font color=#636664FF>suggest that perhaps the balance tips more towards technology being used to monitor activity if there are elevated risks.</font><font color=#636664FF>So that's the distinction I probably draw in relation to the two examples that we spoke about that you know, </font><font color=#636664FF>recording of conversations in the cabin of a work vehicle.</font><font color=#636664FF>Yes, you might pick up some incidental discussions between colleagues around what they did on the weekend or,</font><font color=#636664FF> various other interpersonal topics, but there is</font><font color=#636664FF>a risk if you simply rely on the worker to say, now this is important, to then start recording themselves, </font><font color=#636664FF>because there are lots of issues that can happen, complacency,</font><font color=#636664FF>distraction.</font><font color=#636664FF>So I think, you know, if there was a debate to be had about whether the default should be that recording happens all the time, </font><font color=#636664FF> it really depends on the nature of the risk.</font><font color=#636664FF>So going back to Rebekah's why, and I think</font><font color=#636664FF>in a transport environment like an airport tarmac, I'd be more sympathetic to an employer's concerns about safety risks.</font><font color=#636664FF>Yeah, rather than just a general office worker, because you want to make sure that they're being productive enough.</font><font color=#636664FF>Rebekah, from what I'm hearing from what you're saying though, is that it's quite often that balance </font><font color=#636664FF>between the legal and what is good productivity, sometimes there's risks, how</font><font color=#636664FF>you manage it.</font><font color=#636664FF>Is it fair to say that we tend to treat work from home differently because it's new?</font><font color=#636664FF>Yeah, that's an interesting one.</font><font color=#636664FF>It is, isn't it?</font><font color=#636664FF>and obviously this exploded through COVID in</font><font color=#636664FF>particular. Not to say that working from home happened during, you it was happening before COVID, but that definitely put working from home on steroids</font><font color=#636664FF>overnight. Most locations had to flip to that way of working and now what's interesting from an employee value proposition, </font><font color=#636664FF>it's become largely the expected norm. Previously it was seen as a benefit, it's now seen as a hygiene factor.</font><font color=#636664FF>I expect when I'm looking for a role that there will be some form of ability to work remotely.</font><font color=#636664FF>So employees are actually kind of requiring that when they do look for positions.</font><font color=#636664FF>It is new for leaders managing people in that way and so therefore it requires an uplifting capability for leaders.</font><font color=#636664FF>How do you lead people who aren't visible every day?</font><font color=#636664FF>How do you stay connected?</font><font color=#636664FF>How do you create the connection to the bigger purpose?</font><font color=#636664FF>How do you create a team atmosphere?</font><font color=#636664FF>How do you create the culture for the whole organisation?</font><font color=#636664FF>Because there is also some concern by leaders that when people work fully remote, that the</font><font color=#636664FF>cultural fabric starts to disintegrate and so there are some real concerns and they're valid concerns by leaders.</font><font color=#636664FF>Again, I think the reality is,</font><font color=#636664FF>this is about humans.</font><font color=#636664FF>So there is no one size fits all.</font><font color=#636664FF>There is no silver bullet.</font><font color=#636664FF>It is around assessing every situation for its own merits.</font><font color=#636664FF>What is your nature of your work?</font><font color=#636664FF>What is the nature of your workforce?</font><font color=#636664FF>What is the nature of your risks?</font><font color=#636664FF>And then with all of that information, making a choice around what is appropriate for you.</font><font color=#636664FF>There is no one, this is appropriate for everyone in every circumstance.</font><font color=#636664FF>Yeah, thank you and unfortunately, we've come to the end of our podcast.</font><font color=#636664FF>There's some terrific discussion in that and I really like the ideas around the line between oversight and intrusion, </font><font color=#636664FF>the requirement to build high performing teams and a</font><font color=#636664FF>culture of accountability, but without eroding autonomy because we get so much benefit from autonomy and engagement with our workforce.</font><font color=#636664FF>I certainly think I've got a greater understanding from this discussion that</font><font color=#636664FF>accountability is in control, very much going back to our basic leadership principles.</font><font color=#636664FF>So high performing teams strive when expectations are visible, when you engage with your staff, when you define your roles well, </font><font color=#636664FF>and also have staff buy-in to how we do create a</font><font color=#636664FF>good working environment for them and the rest of their team.</font><font color=#636664FF>Thank you Bill and Rebekah for your time today.</font><font color=#636664FF>Listeners we would love for you to subscribe.</font><font color=#636664FF>So wherever you get your favourite podcasts, if you can click and subscribe and you'll get the next episodes of the talkBIG podcast.</font><font color=#636664FF>On behalf of myself, Bill, Rebekah and the talkBIG team, thank you for listening and we'll catch you next time on talkBIG.</font><font color=#636664FF>Thank you.</font>