By CAMERON LUCADOUWELLS
THREE men were found to be “harshly” dismissed for sending pornography on their internal emails at Australia Post’s Dandenong Letter Centre.
A majority judgement of the full bench of Fair Work Australia handed down last month stated the men’s conduct didn’t merit “summary dismissal”, especially given their long tenures.
There should instead have been “active steps” or warnings to inform them their conduct could lead to their dismissal, Fair Work deputy president Michael Lawler and commissioner Anna Lee Cribb stated.
“We endorse the right of employers to have policies against the use of their IT systems to access, store or email pornography or other unacceptable material.
“Depending on the circumstances, a breach of such a policy … may justify a dismissal that would not be harsh, unjust or unreasonable.”
Fair Work found it was “harsh” to dismiss the three men – whose identities are protected by a non-publication order – after they were among 40 workers caught sending inappropriate emails to work friends by a software filter installed on the Australia Post email system in 2010.
Fair Work stated it was likely an even higher number of workers were involved in the sending of a “large volume” of pornographic emails without a response by managers – who had either sent or received the emails themselves. Several were let off with a warning.
The material included distasteful attempts of humour – images of obese naked or scantily dressed bodies – and highly explicit video files of “orgiastic sexual intercourse of various types”.
“Most of the material was softcore pornography and no more salacious than material that might be viewed on free to air television almost any night of the week.
“A small amount of the material is properly classified as hardcore.”
The three men had given Australia Post between 11-17 years of “satisfactory service”.
Fair Work found that their dismissal was a serious matter that put them and their families at risk of “significant personal hardship”.
Fair Work will hear the case on 19 September to determine if the three men should be reinstated in their jobs.
