A short but useful blog posting for readers interested in issues relating to inappropriate use of electronic resources in the workplace.

On the Bar-Ex Website Toronto employment lawyer Daniel A. Lublin describes a case in New Brunswick where a man was terminated with cause for viewing pornography at work.

The employee sued for wrongful dismissal, arguing that the just cause argument was simply an opportunity for the employer to avoid paying appropriate severance. The Judge in the case disagreed with the man and did not require the employer to pay any severance or costs.

In fact Justice McLellan found that the man owed $4,950 to his former employer for legal costs associated with defending the case.

The two main points to take from the article are:

1. The man had been caught surfing inappropriate websites before; however, since that previous incident he had received positive performance reviews and regular salary increases. The man argued that this was evidence that the employer condoned his Internet usage habits. The Judge disagreed.

2. The IT/IS manager that conducted the systems audit that found the inappropriate behaviour in the first place was female. Justice McLellan found that because she found the websites he visited to be “offensive” that the man’s activities were “tantamount to sexual harassment” as Mr. Lublin states it.

In addition, Mr. Lublin states that it is not only inappropriate websites that can land an employee in hot water. Employers reserve the right to monitor on-line use at their organizations and employees that use an employer’s technology resources for personal use in excess may be found to be “stealing an employer’s time.”