Guy Gets Fired For Downloading And Watching Porn At Work, Sues His Employer And Actually WINS
Apparently the saying “not all heroes wear capes” is actually true. Because an Australian insurance manager who was fired for using his work computer to download and watch porn sued his employer and actually won!
Hell, some of the video on the computer was even of himself!
Reports Financial Review…
Commissioner Ian Cambridge said ordinarily, accessing or storing hard core pornography would represent misconduct and even a reason for dismissal, regardless of whether it was downloaded during or outside of work hours.
“Unless the employee worked in the sex industry it would be difficult to contemplate that the viewing, downloading and/or storage of pornographic material represented proper, work-related use of the employer’s equipment,” he said.
“There are obvious differences between using an employer-provided laptop computer to conduct, for example, personal internet banking, as opposed to accessing and downloading pornography.”
However, he said there was no evidence the small business employer had promulgated any specific policy that confined the use of its equipment to work-related activities.
The commissioner also took into account that the manager appeared to have only downloaded pornographic material on three occasions.
Just three times? Well, pffft…
Commissioner Cambridge therefore concluded that, while the manager was aware his actions constituted misconduct, his downloading and storing of pornography could not constitute a valid reason for dismissal in the circumstances of the case.
The company was ordered to pay $10,000 or about eight weeks’ pay as compensation for the unfair dismissal.
H/T The Daily Dot