You might think a case where an employee downloads hardcore pornography onto work devices would obviously be a sackable offence, but you’d be wrong.
A 2017 Fair Work Commission decision shows the importance of having a clear and well-known policy in order to enforce what many might consider obvious standards for workplace conduct. The case concerned an employer and employee from a small insurance broking business in regional NSW. The employee admitted to downloading pornographic material on his work telephone and computer and was dismissed with four weeks’ notice; however, the employer had no policy regarding the use of its equipment.
This lack of policy, combined with not giving the employee a clear reason for his dismissal, meant that the employer had effectively breached the Small Business Fair Dismissal Code. As a result, the FWC found that the dismissal was harsh, unjust and unreasonable, awarding the ex-employee $10,000.
The reasoning behind the decision shows just how important professionally crafted policies are, but also that they’re not enough on their own. Employers need to demonstrate that employees are aware of and understand their policies if they’re to be effective. As such, compliance and training, workshops or seminars can play an important part in ensuring that employees not only act in accordance with policy, but that they can be appropriately disciplined when the need arises.