Check out this BuddleFindlay article on the misuse of internet and email access. Laying Down The Rules on Cyber-Porn. They provide some good pointers for employers on how to enforce appropriate use policies etc.

July 2007

The Employment Relations Authority ruled that AD Riley "a significantly flawed and less than consistent approach" because it did not discipline all staff members who had received a message containing inappropriate content. The ERA saw no distinction between senders and receivers of inappropriate content and the policy made no such distinction. The ERA also criticised AD Riley management for a lack of external reference as to what is or is not appropriate for the work place. This case raises serious concerns about the extent employers can deviate from a written policy. If the policy says not private email, then an employer invalidates this policy by verbally allowing personal email. Play it safe and ensure you treat all employees equitably and ensure your written policy and your accepted practices are consistent. Tools such as PixAlert Auditor assist organisations overcome these pitfalls by allowing you to identify all images in the organisation. Its black list functions also provide an external reference to the standard other organisations deem inappropriate for the workplace. Check out the Simon Hederey's comments on this case in the NZ Herald here .

February 2007

The Employment Court ruled against the Auckland District Health Board ( X v Auckland District Health Board AK AC 10/07 [23 February 2007] ) and overturned disciplinary action they took against a staff member for possessing inappropriate content. Full details of this case can be downloaded from the Ministry of Justice Employment Court Judgments web site (Click here).

This ruling underlines the need for consistent policy and processes and the need to ensure the process is fair and reasonable, and that you have all the information you need at the start of the proceedings and you follow a clear defined path. We recommend organisations have a complete picture of their exposure to inappropriate content before undertaking action against a single staff member.

2006

The Employment Court ruled against Air New Zealand in Air NZ vs Hudson. There is an excellent summary in the Employers and Manufacturers Association(www.ema.co.nz) Business Plus Magazine (Click Here). This is a landmark ruling related to the processes used by an employer and new requirements imposed by s103A Employment Relations Act 2000, which came into effect in 2004.

Essentially it comes down to ensuring that your actions are those of a fair and reasonable employer. The EMA provide a useful checklist at the end of their article which will be of value in ensuring your processes are fair and reasonable.

Air New Zealand were made to reinstate two employees after appeal to the Employment Court. The two staff members were dismissed for inappropriate internet usage. This article, published by Quigg Partners (www.quiggpartners.co.nz) in their November 2006 newsletter (click here), contains an excellent summary of the case and the issues encountered by Air New Zealand.