Accessing Inappropriate Material On Work-Provided Equipment Not A Valid Reason For Dismissal

The Fair Work Commission recently held that without a clear and understood policy in place restricting use of work equipment to 'work-related activities', accessing inappropriate material on such devices does not provide a valid reason for dismissal. Interestingly, in considering this, the commission stated that if the conduct occurred in breach of a workplace policy, the employee could expect to be disciplined or even dismissed – regardless of whether it occurred within or outside of the ordinary hours of work.

This serves as a timely reminder for employers to be aware of what policies they have in place and to understand their importance.

Allan Croft v Smarter Insurance Brokers Pty Ltd [2016] FWC 6859