The legal side of remote working

Amy Williams

The legal issues of remote working are often overlooked. Remote working, or teleworking, is still relatively new in New Zealand; there have been no major court cases to contest issues.

Minter Ellison Rudd Watts senior associate Aaron Lloyd says the tight labour market is driving workplace mobility.

"Because the labour market is so tight, employers are having to be more agreeable to employees who are wanting to work in a more mobile environment," Mr Lloyd said.

"The idea that work is a location is dated."

With this in mind, organisations seeking to provide remote working options need to be savvy about its effects.

Mr Lloyd suggests the three most important legal ramifications to consider are:
n making sure employees are productive without invading their privacy;
n making sure the mobile technology is secure;
n observing health and safety obligations for employers in the mobile office

Mr Lloyd said it was important for managers to set out their expectations of employees working remotely, then openly to identify ways of measuring their progress.

He said managers could still monitor remote workers' email and internet use - as long as it was done openly with the employees' consent.

The security of mobile devices was another potential hot-spot for legal action.

"There is a huge potential liability to businesses that do not properly secure confidential information, including clients' information," Mr Lloyd said.

There are inherent risks in wireless data centre because of the ways an employee accesses information. It may be important for an organisation to stipulate what devices they use to do this.

Mobile devices need to be secure so information is protected if the tool is stolen, lost or snooped - when a device is secretly accessed by someone who does not own it.

Then there is the question of workplace safety.

"Employers are obligated to maintain safe working environments but how do you do that when your employees are working off site?," Mr Lloyd said.

Employment law stipulates employers are required to make all practicable steps to provide a safe and healthy workplace.

But there are no cases of disputes centred on a remote workplace in New Zealand.

"There's no significant case law dealing with this modern concept of the mobile worker.

"Being able to work out of your home is still a reasonably new concept."

\Mr Lloyd said it was important for organisations to err on the side of caution and to consider principles of case law governing privacy, health and safety.

April 4, 2007