Employer’s Computer-Use Policy Supports Termination for Cause

A well-drafted computer-use policy can provide evidence to uphold a termination for cause and can protect an employer from harassment claims, as recent case law illustrates.

The scene is well-known in the workplace: an employee receives an e-mail joke or photo from a colleague down the hall, has a giggle, and forwards the message to other colleagues, friends at other organizations, and relatives who might appreciate the joke. In minutes, a complete cyber network is created, and it has passed along a message.

Sometimes the message is innocuous, e.g., it involves cute images or funny expressions. Other times, it involves racist, sexist or pornographic jokes or images.

In most organizations where employees use computers for their jobs, employers draft and implement computer-use policies that limit personal — and prohibit inappropriate — computer use. The Court of Appeal decision in Poliquin v. Devon Canada Corporation underscores the importance of employers