Can an employee be dismissed based on their keyboard activity?

Many employers question how they can appropriately manage the productivity of employees who are working from home. Since COVID lockdowns resulted in more employees working from home than ever before, the number of businesses that undertake workplace surveillance and monitoring of their employees' activities has dramatically increased.

In a recent decision, the Fair Work Commission (FWC) considered the issue after a longstanding employee was dismissed for misconduct on the basis of a report detailing her keyboard activity over a period of three months.

Cheikho v Insurance Australia Group Services Limited [2023] FWC 1792

Ms Suzie Cheikho (Ms Cheikho) had been employed by Insurance Australia Group Services Limited (IAG) since 2005, most recently as a consultant. Like many employers, IAG had a hybrid approach to working from home and had begun requesting employees attend the office more regularly. Ms Cheikho had chosen to remain almost permanently working from