King & Wood Mallesons

Asia-Pacific 100 position: 3

Distributing porn does not automatically amount to serious misconduct

A Full Bench of the Fair Work Commission has found that the dismissal of two employees for distributing pornography was unfair, stating that the same unfair dismissal principles apply for the distribution of pornography as for any other form of misconduct.

The employees were dismissed for distributing emails containing pornographic images, a small amount of which were considered to be ‘hardcore’. The employer had policies relating to the use of IT systems which strictly prohibited accessing, storing, sending or receiving pornography.

A majority of the Full Bench held that misconduct relating to pornography is ‘not a separate species of misconduct to which special rules apply… it is a form of misconduct to which the same general principles apply as apply in all unfair dismissal matters’…

If you are registered and logged in to the site, click on the link below to read the King & Wood Mallesons briefing. If not, please register or sign in with your details below.

Sign in or Register to continue reading this article

Sign in

Register

It's quick, easy and free!

It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.

Register now

Why register to The Lawyer

 

Industry insight

In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.

 

Market intelligence

Identify the major players and business opportunities within a particular region through our series of free, special reports.

 

Email newsletters

Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.

More relevant to you

To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.

Briefings from King & Wood Mallesons

View more briefings from King & Wood Mallesons

Analysis from The Lawyer

View more analysis from The Lawyer

Overview

Level 61, Governor Phillip Tower
1 Farrer Place
Sydney
NSW 2000
Australia
http://www.kwm.com

Jurisdiction: PRC/Australia
No. of offices: 20
No. of qualified lawyers: 1,252