ARTICLE · 22 NOVEMBER 2013

Pornography in the workplace – Does it justify summary dismissal?

Addisons

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Under common law and under the FWA, an employee may be summarily dismissed if he or she engages in "serious misconduct".

AustraliaEmployment and HR

Martin O'Connor

Melissa Corbutt

Both under the common law and under the Fair Work Act 2009¹ an employee may be summarily dismissed without notice if he or she engages in "serious misconduct".

Regulation 1.07 of the Fair Work Regulations 2009 requires "serious misconduct" to be given its "ordinary meaning", and includes:

Wilful or deliberate behaviour that is inconsistent with the continuation of the contract of employment;
Conduct that causes serious or imminent risk to the:
- Health or safety of a person; or
- Reputation, viability of or profitability of the employer's business;
The employee, in the course of his or her employment engaging in theft, fraud or assault;
The employee being intoxicated at work; and

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