Saturday, May 13, 2006

Porn Cache Sacking in NSW

A company's decision to sack and "exemplary" employee for storing pornography on his work laptop was justified, even though he had been sent the images by senior managers, a NSW tribunal has found. Richard Budlong, 56, was dismissed from his job at technology company NCR Australia on June 7 last year, after 31 years of service. He then launched an unfair dismissal case in the NSW Industrial Relations Commission.

Mr. Budlong's sacking was a result of an NCR investigation that found he had breached the company's IT policy prohibiting the accessing , viewing, storing and sending of pornographic material. The investigation was sparked by a colleague who reported Mr. Budlong for accessing a single X-rated image at work. A forensic investigation of his laptop found at least 175 pornographic images in a hard drive folder.

Mr. Budlong, who had received 26 performance awards during his career, argued he had been sent explicitly pornographic images form a range of senior colleagues since 2000. He said he was not overly concerned about the images because he argued NCR "had a workplace culture which tolerated the distribution of such material."

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