ARTICLE · 10 OCTOBER 2016

Blatant misconduct still requires a fair dismissal procedure

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Commission awarded compensation for unfair dismissal even after hard core porn on a work computer and mobile phone.

AustraliaEmployment and HR

Murray Thornhill

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Last week the Fair Work Commission awarded a man $10,000 compensation for unfair dismissal even though he admitted to downloading hard core porn onto his work computer and mobile phone.

In Allan Croft v Smarter Insurance Brokers Pty Ltd [2016] FWC 6859 the employee's problematic conduct included not only downloading and storing hard core porn (including images and video of himself performing sex acts) on work equipment but also increasing interpersonal friction with the Directors, late arrival for work and extended lunch breaks. The misconduct would seem on the face of it to be well and truly serious enough to warrant dismissal, however the Commission found the dismissal was unfair.

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