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.
