Unfair Dismissal

A recent decision of the Fair Work Commission in a case involving Australia Post, has thrown up a decision which at first glance is something of a surprise. Three employees of Australia Post were dismissed from their employment for using the Australia Post email system to send and receive mails which included material considered to be pornographic. None of the three employees denied that this is what they had done. Australia Post dismissed the three employees who then brought the case to the Fair Work Commission. The Fair Work Commission decided that dismissal of the three employees was harsh and that the circumstances did not justify dismissal.

The main problem for Australia Post was that whilst they had a policy against the use of their computer systems to send and receive pornographic images the Fair Work Commission adopted the view that over a number of years that policy had not been monitored and enforced. The Fair Work Commission accepted that there was a culture of acceptance of this behaviour amongst Australia Post Managerial Staff, and that the employees had not been given sufficient prior warning that the consequence of breaching the Australia Post Policy could be dismissal from employment.

The Fair Work Commission stressed that their decision should not be taken as authorising employees to use the email systems of their employers to transmit pornography or other unacceptable material. This decision from the Fair Work Commission highlights and reinforces the absolute importance of  employers following proper procedures before they make a decision to terminate the employment of their employees, even in circumstances where the behaviours of the employees, on the face of it, seems to justify that dismissal.