| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| misconduct |
dereliction of duty |
Internet misuse |
|
Summary:
The employer's evidence was that the claimant had been dismissed for breaching its electronic communication policy by downloading thousands of inappropriate pornographic materials onto his company laptop. As a result, the company's electronic system was infected with viruses. The employer added that the claimant was aware of the company's policy and of its code of conduct that prohibited such actions. The claimant's representative stated that the claimant had never been aware of the employer's policy in regard to the use of electronic equipment for his own use during his own time. The claimant admitted to downloading pornographic material recreationally. This was done on his own time and the material was downloaded in a sectioned off part of his hard drive. The employer stated that, as a senior technical support staff, the claimant not only had to know about the electronic equipment policy, he was responsible to monitor this policy. The claimant denied this statement. The Board of Referees found it was not credible that the claimant would not have been aware of the employer's electronic equipment policy and that his actions were not in accordance with proper workplace practice. The appeal is dismissed.
