Unfair Dismissals: What constitutes "unfair"?

The cases below outline a number of reasons for which employees have been terminated, and the outcome of their unfair dismissal cases before the AIRC. The short reviews provide a useful indication of the thinking behind unfair dismissal outcomes!

Porn saved to a computer drive:

In a case under the old system (not materially different now for these purposes), in which an employee had saved pornographic images onto their computer, the AIRC found that termination of employment was unfair.

The circumstances that applied in this case which the Commissioner took into consideration included:

• the employer had strong policies regarding inappropriate conduct, including accessing pornography through the employer's computer system;