Porn emails at work not automatic sacking offence, Fair Work Commission rules

Updated

Sending pornography through the work email system is not an automatic sacking offence, the Fair Work Commission has ruled.

Three Victorian postal workers were dismissed after using the Australia Post email system to distribute sexually explicit material in their Dandenong workplace.

They appealed, and the full bench of the Fair Work Commission - in a non-unanimous judgement - found the terminations were harsh and the workers could be reinstated.

Two of the three commissioners said in a statement: "There is an emerging trend... regarding the accessing, sending or receiving and storing pornography by an employee as a form of serious misconduct that invariably merits termination of employment."

They said that was inconsistent with basic principle.

The commissioners emphasised they were not endorsing or authorising the emailing of porn at work, but arguing the same unfair dismissal laws apply in workplace pornography cases as with other forms of misbehaviour.

Emailing pornography "is not a separate species of misconduct to which special rules apply," the statement said.

They found Australia Post did not take into account the workers' long years of service, and cited Australia Post's lack of warnings and enforcement of policies.

Daniel Mammone from the Australian Chamber of Commerce and Industry says unfair dismissal laws are too complex.

"The message that the business community has been trying to send is to say that it will have a zero tolerance approach to these kinds of misconduct, such as sexual harassment or pornography in the workplaces," he said.

"All of that good work and good will over the recent years is somewhat undermined by these types of decisions, which do send the wrong messages."

The case is due to return to the Commission later this month.

Topics: pornography, work, australia, dandenong-3175

First posted