Hardcore pornographic images and cartoon characters in sexual positions were found on the computer of a production manager in a Dublin publishing company, an Employment Appeals Tribunal was told.
The manager was dismissed for misusing the e-mail facility to disseminate pornographic material.
The case led the tribunal to highlight new issues which it said were emerging from the increasing use of e-mails and the internet at work. It stressed that it was highly desirable for employers to include in their e-mail/internet policy a statement that the sending of offensive e-mails was prohibited and would be dealt with in accordance with the company's disciplinary procedures.
Mr James Mehigan, Augusta Place, Leamington Spa, Warwickshire, claimed unfair dismissal against Dyflin Publications Ltd, of North Great Charles Street, Dublin.
The tribunal found that the company failed to have in place clear policies and a code of practice on employee use of e-mails and the internet. The consequences of its misuse should have been made absolutely clear to all employees. The onus was on the employer to have a clear policy in place to deal with the consequences of misuse/abuse of e-mail. As a result, the tribunal had to find that there was unfair dismissal.
However, it was satisfied that Mr Mehigan had made an enormous contribution to his dismissal. Taking into account his contribution, compensation was assessed at €2,000 and €2,856.90 in lieu of notice.
Mr Mehigan had been employed at the company for 12 years. Being the person reponsible for overseeing advertisements, he should have known that his behaviour was unacceptable and had the potential to put the viability of the company and the continued employment of his fellow workers at risk, the tribunal stated.
The company acknowleged that there were no complaints about his work.
"The tribunal does not accept that this was a once-off incident and notes the evidence of a fellow employee that he had seen hardcore pornographic images on the claimant's computer and cartoon characters in a sexual position," it stated.
The exposure of co-employees to this, if left unchecked, could be seen as a hostile working environment which could have wider employment ramifications for the company.
The distribution of pornographic material was offensive in any circumstances, but it was altogether more serious when it was distributed in such a way that the recipient might well think it was issuing forth from the company, the tribunal stated. "At the very least, the company could be associated with the distribution of pornographic material. This was potentially lethal for a publishing company whose customers might well move their business elsewhere should this grotesque behaviour be allowed to continue unchecked."
Many employees had unlimited access to the web and e-mail. This means of communication brought with it a duty on the employee to act responsibly and to use these only for legitimate purposes, it stated.
"A number of issues have therefore begun to emerge regarding the unauthorised use of business equipment, the monitoring of e-mail and internet use by employees, the harassment of employees by sending offensive and possibly defamatory e-mails, and the implementation of workplace policies regulating the use of business equipment," the tribunal said.