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November 24, 2020

Question from Cheryl Burgess ([email protected])

Hello

Can an employee record a performance management meeting in NSW? They will be having a support person attending.

Cheryl

Dear Cheryl

Investigation and disciplinary meetings are commonly recorded by employers as a way of capturing everything that is said in a meeting and the manner in which it is said. This can be helpful to demonstrate that the employee was afforded due process in any decision-making made later on down the line.

In NSW, employers may audio or visually record workplace meetings only where the employee and all participants have given permission for this to occur (and they may refuse to do so). The employee is entitled to require a copy of the recording as a condition of their consent and may later request a copy of any transcript of the recording.

Covert recordings, or recording without an employee’s consent, is otherwise prohibited in New South Wales.

Alternatively, refer to the attached sample template Record of Performance Discussion document for assistance.

Kind regards,

Benjamin Mann

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