Electronic workplace surveillance and employee privacy : a comparative analysis of privacy protection in Australia and the United States

More than a century ago in their definitive work “The Right to Privacy” Samuel D. Warren and Louis D. Brandeis highlighted the challenges posed to individual privacy by advancing technology. Today’s workplace is characterised by its reliance on computer technology, particularly the use of email and the Internet to perform critical business functions. Increasingly these and other workplace activities are the focus of monitoring by employers. There is little formal regulation of electronic monitoring in Australian or United States workplaces. Without reasonable limits or controls, this has the potential to adversely affect employees’ privacy rights. Australia has a history of legislating to protect privacy rights, whereas the United States has relied on a combination of constitutional guarantees, federal and state statutes, and the common law. This thesis examines a number of existing and proposed statutory and other workplace privacy laws in Australia and the United States. The analysis demonstrates that existing measures fail to adequately regulate monitoring or provide employees with suitable remedies where unjustifiable intrusions occur. The thesis ultimately supports the view that enacting uniform legislation at the national level provides a more effective and comprehensive solution for both employers and employees. Chapter One provides a general introduction and briefly discusses issues relevant to electronic monitoring in the workplace. Chapter Two contains an overview of privacy law as it relates to electronic monitoring in Australian and United States workplaces. In Chapter Three there is an examination of the complaint process and remedies available to a hypothetical employee (Mary) who is concerned about protecting her privacy rights at work. Chapter Four provides an analysis of the major themes emerging from the research, and also discusses the draft national uniform legislation. Chapter Five details the proposed legislation in the form of the Workplace Surveillance and Monitoring Act, and Chapter Six contains the conclusion.

Cyberbullying : the new face of workplace bullying?

While the subject of cyberbullying of children and adolescents has begun to be addressed, there has been less attention or research on cyberbullying in the workplace. Whilst male-dominated workplaces such as manufacturing settings have been found to have an increased risk of workplace bullying, the prevalence of cyberbullying in this sector is not known. This exploratory study investigated the prevalence and methods of face-to-face bullying and cyberbullying of males at work. One hundred and three surveys (a modified version of the NAQ-R1), were returned from randomly selected members of the Australian Manufacturing Worker’s Union (AMWU). The results showed that 34% of the respondents were bullied face-to-face, and 10.7% were cyberbullied. All victims of cyberbullying also experienced face-to-face bullying. The implications for organisations of their “duty of care” in regards to this new form of bullying are indicated.

Smart buildings for healthy and sustainable workplace: scoping study report

Deficiencies in the design and operation of office buildings can give rise to high social, environmental and economic (triple bottom line) costs. As a result, there are significant pressures and incentives to develop ‘smart building’ technologies that can facilitate improved indoor environment quality (IEQ), and more energy efficient operation of office buildings. IEQ indicators include lighting, ventilation, thermal comfort, indoor air quality and noise. In response to this, the CRC for Construction Innovation commissioned a six-month scoping study (Project no. 2002-043) to examine how different technologies could be used to improve the ‘triple bottom line’ for office buildings. The study was supported by three industry partners, Bovis Lend Lease, Arup, and The Queensland Department of Public Works. The objective of the study was to look at the history, trends, drivers, new technologies and potential application areas related to the operation of healthy and efficient office buildings. The key output from the study was a recommendation for a prototype system for intelligent monitoring and control of an office environment, based on identified market, technical and user requirements and constraints.

The role of decision-maker preferences in tenancy selection of CBD office accommodation – preliminary literature review

The literature and anecdotal evidence suggests that that there is more to tenancy selection (firm location) than the profit maximisation drive that traditional neo-classical economic location theory suggests. In the first instance these models assume property markets are rational and perfectly competitive; the CBD office market is clearly neither rational nor perfectly competitive. This fact alone relegates such models to the margins of usefulness for an industry that seeks to satisfy tenant demand in order to optimise returns on capital invested. Acknowledgment of property market imperfections are universally accepted to the extent that all contemporary texts discuss the lack of a coherent centralised market place and incomplete and poorly disseminated information processes as fundamental inadequacies which characterise the property market inefficiencies. Less well researched are the facets of the market which allow the observer to determine market activity to be significantly irrational. One such facet is that of ‘decision maker preferences’. The decision to locate a business operation at one location as opposed to another seems ostensibly a routine choice based on short, medium and long term business objectives. These objectives are derived from a process of strategic planning by one or more individuals whose goal is held to be to optimise outcomes which benefit the business (and presumably those employed within it). However the decision making processes appear bounded by how firms function, the institutional context in which they operate, as well as by opportunistic behaviour by individual decision makers who allow personal preferences to infiltrate and ‘corrupt’ the process. In this way, history, culture, geography, as well as institutions all become significant to the extent that these influence and shape individual behaviour which in turn determine the morphology of individual preferences, as well as providing a conduit for them to take effect. This paper exams historical and current literature on the impact of individual behaviour in the decision making process within organisations as a precursor to an investigation of the tenancy decision making process within the CBD office market. Literature on the topic falls within a number of research disciplines, philosophy, psychology and economics to name a few.

Transformational learning in the workplace

Although transformative learning theory remains one of the most influential theories in the field of adult education, studies on fostering transformative learning, particularly in groups and in the workplace, remain sparse. This article summarises some evidence of transformational learning that influenced changes to practice, processes, and the organisational culture in a case study. It is based on a cohort of 12 worker-learners enrolled in a Graduate Certificate in Education (Executive Leadership) course offered by an Australian university (Queensland University of Technology). Data for this article were drawn from interviews with 10 participants, a focus group with 6 of them, their assessment presentations, and reflective notes of the course facilitators. Also included here are the effects on transformational learning of Taylor’s five elements of work-based learning design, Fuller and Unwins’ features of expansive learning, and Billett’s workplace pedagogies.

Optimising learning in the workplace

There are three bodies of research that suggest ways in which learning in the workplace can be optimised. The first is evident in the emergent literature endorsing the need to include workplace pedagogies as useful epistemological tools for learners. It is now widely recognised that the workplace provides various pedagogies that facilitate and support learning.

Influences of accommodation and myopia on the foveal Stiles-Crawford effect

We determined the foveal Stiles-Crawford effect (SCE) as a function of up to 8D accommodation stimulus in six young emmetropes and six young myopes using a psychophysical two-channel Maxwellian system in which the threshold luminance increment of a 1 mm spot entering through variable positions in the pupil was determined against a background formed by a 4 mm spot entering the pupil centrally. The SCE became steeper in both groups with increasing accommodation stimulus, but with no systematic shift of the peak. Combining the data of both groups gave significant increases in directionality of 15-20% in horizontal and vertical pupil meridians with 6D of accommodation. However, additional experiments indicated that much of this was an artefact of higher order aberrations and accommodative lag. Thus, there appears to be little changes in orientation or directionality in the SCE with accommodation stimulus levels up to 6 D, but it is possible that changes may occur at very high accommodation levels

University and workplace culture : lifelong learning in nursing students

Lifelong learning in nursing is an essential if the individual is to remain a competent professional. It becomes apparent that whilst the university culture is supportive of the concept or lifelong learning, the workplace culture is not. Students are discouraged from challenging the norms despite a collaborative partnership that promotes lifelong learning.

High impact training : achieving synergies between program management education and workplace practice

This paper addresses the challenges of transfer of training back to the workplace for programme and project managers who are being groomed for the leadership of large and complex projects. The paper draws on the experience of the development and delivery of Queensland University of Technology (QUT) education programs: an Executive Masters of Complex Project Management and a series of Continuing Professional Development (CPD) events for an Australian government agency, Defence Materiel Organisation (DMO). Drawing on notions of ‘far transfer’ (Laker 1990; Noe, 1986) and ‘transfer climate’ (Kozlowski & Salas, 1993; Yamnill & McLean, 2001), the paper describes the steps undertaken to achieve a design that ensures that programme and project leadership skills developed through these corporate education programs become successfully embedded back in the organisation. Further, the paper reports on a small qualitative study where the programme success was evaluated by the organisational sponsor, senior leaders and program participants. Nine interviews were conducted and analysed to identify the success of far transfer and transfer climate four months after the return of program participants from cohort 1 2008 to the workplace.

Patterns of engagement in workplace learning amongst employees from social sectors

Continuous learning and development has become increasingly important in the information age. However, employees with limited formal education in lower status occupations may be disadvantaged in their opportunities for development, as their jobs tend to require more limited knowledge and skills. In mature age, such workers may be subject to cumulative disadvantage with respect to work related learning and development, as well as negative stereotyping. This thesis concerns work related learning and development from a lifespan development psychology perspective. Development across the lifespan is grounded in biocultural co-constructivism. That is, the reciprocal influences of the individual and environment produce change in the individual. Existing theories and models of adaptive development attempt to explain how developmental resources are allocated across the lifespan. These included the Meta- theory of Selective Optimisation with Compensation, Dual Process Model of Self Regulation, and Developmental Regulation via Optimisation and Primary and Secondary Control. These models were integrated to create the Model of Adaptive Development for Work Related Learning. The Learning and Development Survey (LDS) was constructed to measure the hypothesised processes of adaptive development for work related learning, which were individual goal selection, individual goal engagement, individual goal disengagement, organisational opportunities (selection and engagement), and organisational constraints. Data collection was undertaken in two phases: the pilot study and the main study. The objective of the pilot study was to test the LDS on a target population of 112 employees from a local government organisation. Exploratory factor analysis reduced the pilot version of the survey to 38 items encompassing eight constructs which covered the processes of the model of adaptive development for work related learning. In the main study, the Revised Learning and Development Survey (R-LDS) was administered to another group of 137 employees from the local government organisation, as well as 110 employees from a private healthcare organisation. The purpose of the main study was to validate the R-LDS on two different groups to provide evidence of stability, and compare survey scores according to age and occupational status to determine construct validity. Findings from the main study indicated that only four constructs of the R-LDS were stable, which were organisational opportunities – selection, individual goal engagement, organisational constraints – disengagement and organisational opportunities – engagement. In addition, MANOVA studies revealed that the demographic variables affected organisational opportunities and constraints in the workplace, although individual goal engagement was not influenced by age. The findings from the pilot and main study partially supported the model of adaptive development for work related learning. Given that only four factors displayed adequate reliability in terms of internal consistency and stability, the findings suggest that individual goal selection and individual goal disengagement are less relevant to work related learning and development. Some recent research which emerged during the course of the current study has suggested that individual goal selection and individual goal disengagement are more relevant when goal achievement is impeded by biological constraints such as ageing. However, correlations between the retained factors support the model of adaptive development for work related learning, and represent the role of biocultural co-constructivism in development. Individual goal engagement was positively correlated with both opportunity factors (selection and engagement), while organisational constraints – disengagement was negatively correlated with organisational opportunities – selection. Demographic findings indicated that higher occupational status was associated with more opportunities for development. Age was associated with fewer opportunities or greater constraints for development, especially for lower status workers.