| Summary |
UNJUSTIFIED DISMISSAL - Serious misconduct - Dismissed for excessive personal internet use - Applicant's explanation unaware of internet policy unsatisfactory - Also claimed often minimised screen without logging off - Weaknesses in respondent's method of calculating internet use - However, weakness no more than partially supported applicant's explanation and obvious non-business related sites accessed to extremely high degree - Suggestion someone else used computer login details unconvincing - While respondent's policy on accessing inappropriate sites clear, references to unauthorised activity, and wastage of time and resources indirect or generalised - Material not adequate to make position on non-business related access clear - Applicant admitted wasted time and resources but took issue with sanction imposed - Lack of clarity or specificity over acceptable non-business related use and inability to be exact about applicant's use relevant - Respondent's analysis probably overstated level of access - Summary dismissal not action fair and reasonable employer would have taken - Dismissal unjustified - Remedies - Appropriate to compensate applicant for injury to feelings as result of dismissal, rather than lesser sanction, being imposed - However, contribution to circumstances meant no further remedies warranted - Training co-ordinator |