Legal Problems Arising From Misuse and Control of Internet and Email in the Workplace: A Comparative Analysis between New Zealand and Germany

Abstract

This research paper deals with the permissibility of employees’ personal online activities in the workplace in New Zealand and Germany. Firstly, the research paper gives a brief introduction about the general requirements of behaviour-based dismissals in both countries. Afterwards, it describes in depth the legal approaches in Germany and New Zealand towards the misuse of the internet and email system in the workplace. In doing so, it outlines the important legal materials and analyses the recent jurisdiction in both countries. The paper focuses on the question of justification of a dismissal for the personal use of the internet or email system in the workplace. At the end of the first part, the paper compares the legal situation in both countries and discusses advantages and disadvantages of both approaches. As a result of the comparison the paper illustrates that the legal system in New Zealand entails unnecessary risks and obscurities for employers and employees. In the second part, the paper deals with the question of whether monitoring of the employees’ online activities in the workplace is allowed. The paper again outlines the legal materials and analyses recent court decisions. Finally, it compares the legal situation in both countries and discusses advantages and disadvantages of both approaches. It will be shown that there is a lack of protection of the employee’s right of privacy in New Zealand. The legal comparison with the German legal system demonstrates that there is a fairer way in which surveillance of employees’ online activities is possible to a certain degree but still ensuring privacy in the workplace is protected.