Summary of Issue: Abuse Of Electronic Mail (E-Mail)

Decision 75946 Full Text of Decision 75946

The employer advised the Commission that the claimant had violated the company's policy by watching "pornos" on his company computer while at work. An investigation was conducted and it was found that he had adult material on his computer. Employee acknowledges that any breach of this Agreement may result in immediate termination of the employment relationship. There is no doubt that the claimant's actions constituted misconduct which merited dismissal and a denial of benefits. The appeal by the employer’s before the Umpire is allowed.

Decision 71685 Full Text of Decision 71685

The reason given by the employer for dismissing the claimant was that he had breached its policies in regard to electronic communications, standard of conduct and harassment. The employer explained that the claimant used its electronic system to send messages that were deemed to contravene its policies due to their sexual and harassing nature. The employer had a zero tolerance policy in this regard. The claimant had received a prior warning in regard to using the employer's e-mail system in this manner but he continued to send other e-mails of the same nature. According to the Umpire, the claimant breached the employer's policies after having received a warning to stop this behaviour. The appeal is dismissed.

Decision 70931 Full Text of Decision 70931

The claimant was dismissed because he violated one of the company policies, specifically having sent pornographic materials using the company's laptop. The claimant was well aware of this policy having signed off on it and having been a general manager. The Umpire supported the BOR decision finding that sending pornographic material using the company's laptop certainly meets the criteria of violating the company's policy. It was not an error on his part, it was a conscious and deliberate act, which goes towards meeting the definition of wilfulness and misconduct.

Decision 70558 Full Text of Decision 70558

Claimant was dismissed because she breached her employer's policy and Code of Conduct by using the internal electronic mail service to provide information regarding the business venture of one of her family members. She understood the policy and Code of Conduct and had agreed to comply. The Umpire concluded that by using the internal electronic mail service for personnal use, she breached her employer's policy and Code of Conduct, which constitute misconduct pursuant to the Employment Insurance Act.