Can you rely on your IT policy?

A recent decision of the Full Bench of the Fair Work Commission now means that a dismissal based on a serious breach of an employer’s IT policy (such as the distribution, storage or accessing of pornographic material using the employer’s IT system) is not necessarily grounds for summary dismissal.

This had been the accepted position prior to the recent decision in B,C and D v Australia Post, a matter ultimately heard on appeal following the dismissal of 3 employees for misuse of the employer’s IT system.

The Commission determined that, in the absence of clear and frequent communication and education about an employer’s IT policy and regular communication and warnings that a breach of the policy may lead to termination, a dismissal based on that breach may be found by the Fair Work Commission to be harsh, unjust or unreasonable.

 As such, it is now even more important that employers have a clear and well drafted IT policy which clearly sets out the consequences of breach and that the content of the policy and those consequences are made the subject of regular and repeated training to ensure that, in the event of an unfair dismissal claim, the employer can demonstrate that the infringing employee was aware of the policy and the gravity of its breach.

 Whether this principle extends to serious breaches of other types of policies is unclear at this stage but at any rate, the continued communication to and education of employees about all workplace policies as well as warnings about the consequences of their breach is simply good HR practise.

 If you would like further information about this or assistance with preparation of an IT or other workplace policy, please call us at HR Business Direction on 07 3890 2066.