It would be instructive if someone with the relevant legal knowledge could give an opinion on this boss's actions by interpreting the Regulation of Interception of Communications (RIC) act for us.
It appears to me that the employer is only covered if they have a clause in the employment agreement regarding monitoring of email. Otherwise section 6(1) won't help them if this goes to the CCMA or whatever:
If they use evidence on the PC that is owned by the employer, that seems to be another matter though.
http://www.internet.org.za/ricpci.html
It appears to me that the employer is only covered if they have a clause in the employment agreement regarding monitoring of email. Otherwise section 6(1) won't help them if this goes to the CCMA or whatever:
6.(1) Any person may, in the course of the carrying on of any business, intercept any indirect communication—
(a) by means of which a transaction is entered into in the course of that business;
(b) which otherwise relates to that business; or
(c) which otherwise takes place in the course of the carrying on of that business,
in the course of its transmission over a telecommunication system.
If they use evidence on the PC that is owned by the employer, that seems to be another matter though.
http://www.internet.org.za/ricpci.html