Workplace Internet Policy: Nature and Enforcement

By Louise Russell and Bella Stagoll

What is the state of the law about termination of employment for breach company policy on the use of such technology?

Initially case law from various jurisdictions seemed to take a hard line towards breaches of email and internet policies. A breach involving accessing offensive material appeared to be accepted as valid grounds for termination.

However in more recent cases the various commissions have been closely scrutinising the wording of policies and paying attention to the disciplinary action in the policy and whether they are proportionate or appropriate.

The authors set out issues to consider in dismissal proceedings for breaches of policies; stress the importance of clearly written company policies on email and internet use and the need for employers to educate staff about the policies.

They look at recent cases that provide interesting discussion of breaches and the "punishment fitting the crime".

(Employment Law Bulletin; vol. 9, no. 7)