Emailing porn to your workmates is OK, Aussie court rules (just don’t watch it)

Jul 24, 2014
Legal
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Voyeurs rejoice! The Federal Court of Australia has ruled Aussies cannot be easily sacked for emailing porn to work colleagues.

The ruling upheld a decision last year by Fair Work Australia which found the nation’s mail service Australia Post was wrong to have sacked the three workers at the Dandenong Letter Centre for emailing smut around the office.

The unnamed men were part of 40 staff found flinging flesh by web filters Australia Post installed in 2010. The men were subsequently sacked or punished.

The Registar

Their dismissal has since been ruled unfair (see judgement below) because the sacked staffers were essentially blind-sided. Australia Posts’ “zero tolerance” to smut propagation on company pipes was found to have been at odds with a workplace culture that surfaced after non-enforcement of anti-pr0n policies.

Maurice Blackburn associate Daniel Victory, who represented the workers, told The Register the case highlighted a “gulf” between policy and enforcement.

“This case was not about the rights and wrongs of circulating pornographic material at work … It was about the gulf between the policies of Australia Post and the culture at the Dandenong Letter Centre and the way Australia Post went about addressing it,” Victory said.

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