As employees start to return to the office, they may find it increasingly difficult to leave their personal lives at home. Employees may be tempted to handle private affairs such as a side business or non-work related calls during working hours. While employers may be lenient to a certain extent, what happens when this compromises the quality of the employee's work? As an employer are you entitled to dismiss an employee simply because they were using their phone?
Such a scenario played out in Lynda Murphy v Clear Day Pty Ltd [2022] FWC 373 (‘Lynda Murphy v Clear Day'). In Lynda Murphy v Clear Day, Ms Murphy was dismissed by Clear Day Pty Ltd (the Employer) for, amongst other reasons, taking excessive phone calls relating to her private business instead of performing her work duties.
