Workplace Communication Can Be Risky

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Effective communication is a vital part of any thriving small business, whether that is digital communication, or not. However, as technology continues to evolve, understanding the potential risks and best practices surrounding digital interactions is essential for small business owners like ourselves.
An official information act request to the Ministry of Justice lead to all kinds of grief recently. A researcher (who was making the request) was “discussed” internally and then uncovered their uncomplimentary discussion. Their misfortune prompts us all to consider how small business owners (and our employees) can navigate communication risks while fostering a positive and respectful work environment.

Lessons in the Media

This recent MOJ incident involving inappropriate language in an internal messaging platform serves as a cautionary tale for employees and employers alike. This article (link here) reminds us that maintaining professionalism and respect in workplace communications is crucial for businesses of all sizes.

Legal Perspective: Employer Access to Information

Employment law specialists advise that employees should generally assume their communications on work devices or platforms are accessible to their employers. However, employer access is not unlimited. Access must be consistent with any workplace policies in place and compliant with the Privacy Act 2020, including the requirement to collect, use, and access personal information only for lawful and reasonable purposes connected with the employment relationship. And exceptions exist when employers explicitly state that they’ll treat communications as private. To maintain trust and transparency, small business owners should establish clear policies regarding communication expectations and privacy.

Practical Tips for Small Business Owners and Employees

1. Create a communication policy:
All business owners should develop guidelines outlining appropriate use of communication platforms and devices, ensuring employees understand what is expected of them. Define acceptable use, clarify expectations for professional behavior, and provide examples to illustrate your policy. We can help you develop this if you do not already have one.
Example: XYZKiwi Company’s communication policy states that employees must use the company-provided messaging platform for work-related communication and avoid sharing sensitive client information through unsecured channels.
2. Maintain professionalism:
Employees should prioritize professionalism and respect in all work-related communications. Foster a respectful culture, address issues promptly, and lead by example to encourage professional behavior. These are the kinds of expectations that we would include in a communications policy.
Example:Jane, an XYZKiwi Company employee, consistently uses professional language and avoids gossip in her work communications, even when using her personal phone for after-hours work-related conversations that may refer or relate to work.
3. Consider privacy implications:

Both employers and employees should be aware of potential privacy concerns and strive to protect sensitive information. Implement security measures, train employees on privacy best practices, and remember to review and update policies to safeguard privacy annually. Employers should also ensure employees are aware of what monitoring may occur, as transparency is a key element of lawful information collection under the Privacy Act 2020.
Example: XYZKiwi Company invests in a secure, encrypted messaging platform for all work-related communication, reducing the risk of confidential information being accessed by unauthorized parties.

Privacy & Professionalism

Navigating the world of workplace communication can be challenging for small businesses. By implementing clear policies, prioritizing professionalism, and respecting privacy, both employers and employees can contribute to a positive and legally compliant work environment and avoid any embarrassing or even commercially disastrous breaches or failures. If you need assistance with communication policies or other HR matters, don’t hesitate to reach out to our team of experts at FixHR.

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