TERMINATION OF EMPLOYMENT – misconduct – s.394 Fair Work Act 2009 – application for unfair dismissal remedy – applicant dismissed without notice – female employee witnessed applicant viewing pornographic images on work computer on two occasions – female employee viewed applicant’s internet browser history over seven different days and made complaint to respondent – respondent investigated – applicant’s internet history showed 33 instances of accessing pornographic material – applicant issued with first and final warning advising that further breaches of respondent’s internet policy would result in termination – female employee discovered that applicant still viewed inappropriate websites and monitored her movements and emails – she made formal written complaint alleging she was victim of sexual harassment, bullying and stalking by applicant – respondent investigated and found that applicant had viewed inappropriate images of women in swimsuits – respondent believed he had grounds to dismiss applicant for breaching company policy and procedures – applicant dismissed for serious misconduct – found applicant was responsible for accessing the swimsuit website – found valid reason for applicant’s dismissal but applicant was denied procedural fairness – applicant not notified of reason for dismissal – applicant not given opportunity to respond – applicant did not know he was being dismissed because he had accessed swimsuit website – satisfied that the dismissal of applicant was unjust and unfair – compensation ordered – respondent to pay applicant $25,341.13. Roelofs v Auto Classic (WA) P/L t/a Westcoast BMW
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