Introduction

The use of Internet technologies by business has enabled the activities of employees to be easily monitored . Employers justify their actions as a means of ensuring occupational health and safety by eliminating sexual, racial, and other forms of harassment . Ensuring that the company s resources are appropriately used is a means of justifying the monitoring of employees online. Information security and the duty of management to protect the company s intellectual property are additional matters. Workplace monitoring challenges the autonomy of employees. Privacy or the ability to control information about oneself is also involved (Katsh, 1995). There have been several recent decisions by Australian courts and tribunals regarding the boundaries that separate the competing interests of employees and employers with respect to workplace monitoring. Usually the matter is dealt with under information technology or acceptable use policies . These policies are incorporated as a term in the contract of employment. Difficulties can also arise concerning the ability of a union to use the corporation s e-mail system to contact its members . The New South Wales Law Reform Commission has considered workplace monitoring, and the Victorian Law Reform Commission has recently released a discussion paper (New South Wales Law Reform Commission, 2001; Victorian Law Reform Commission, 2002). Rather than rely on the gradual development of the Common Law, enacting legislation should be considered . This would assist in establishing the boundaries between employees and employers.