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ARTICLE · 27 DECEMBER 2023

Is downloading confidential work documents on personal devices grounds for dismissal?

In the circumstances, the QIRC held that downloading work documents to a personal device was a valid reason for dismissal.

AustraliaEmployment and HR

With the rise of remote working arrangements, the ability to keep confidential or sensitive company files secure is a new challenge for employers and their workers to navigate.

Many employees now work from their living rooms and kitchen tables using both devices provided by their employer and personal devices to send emails, access and edit documents or join virtual meetings. While none of these actions sound like particularly risky activities, if deemed a breach of company policy, they could give rise to disciplinary action or even dismissal.

"Highly inappropriate and seriously improper" conduct

A Queensland employee recently argued their dismissal on the grounds of misconduct for downloading confidential files to a personal device was unfair because of the absence of protocols and processes regarding accessing and storing documents remotely and the challenges of working from home, such as network outages, and reliance on desktops and USBs to save and access

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