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In this article Fair Work Australia handed down a decision to reinstate employees dismissed for inappropriate email usage - it points out a number of other factors employers should take into consideration before dismissing employees. The decision handed down does not undermind employers right to manage, it is however stating that when you are managing an event such as this you should take into consideration various other factors. Even though the company had an Internet and email security framework policy - the employees were reinstated. There were a number of factors taken into consideration by Commissioner Bull such as tenure, unblemished employee records, the amount of time it took for the company to make a decision prior to the completion of the investigation and that no training had occurred. So if you have a policy, ensure your employees are trained in this policy - you keep a record of such - update it as necessary (and communicate those updates) and act in a timely manner.
For the full article, please follow the link below:
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