Can Someone Be Fired For Having Explicit Photos On Their Work Computer?

An employee in Luxembourg was fired when another employee inadvertently found sexually explicit photos stored on a work computer. The Luxembourg Court of Appeal has now provided guidance employers should bear in mind when dealing with similar cases.

In view of the widespread use of IT tools for work, the question frequently arises as to whether an employer can open a file on an employee's work computer, and dismiss them employee upon discovering its contents. The Luxembourg Court of Appeal recently considered such a case, and restated the rules applicable in this area.

An employee was dismissed with immediate effect both for unjustified absence from work and for saving personal photos, including pornographic ones, on the computer made available to her for the performance of her duties. The employee contested the validity of her dismissal.