Can a worker be dismissed over job search emails that suggest they’re looking for alternate employment with a competitor? It’s an interesting question. Subjectively and emotionally, many may be inclined to say no, however, if the regulations permit such actions, employers are free to proceed with abandon. A case with similar circumstances was recently presented to Australia’s Fair Work Commission (FWC), where a casual employee was dismissed after returning from vacation and discovering that her employer had accessed her emails.
While the FWC’s decision on the job search emails eventually ruled in favor of the employee, the incident has sparked conversation about the importance of boundaries at work and the fair treatment of employees looking out for their own best interests.
Should a worker be dismissed over job search emails? The matter is more complex than you think. (Image: Pexels)
Can a Worker Be Dismissed Over Job Search Emails? Let’s Understand the Case At Hand
An employee’s job search typically does not lead to dismissal unless there is some overt misuse of company time or property to conduct the search, or contractual bans that prevent the employee from exploring their options. Recently, in Australia, an employee’s job search resulted in her dismissal, forcing her to take the matter to the FWC. The organization evaluated the case, keeping Australia’s Small Business Fair Dismissal Code at the center of the matter.
In this particular incident, it is reported that the employee returned from vacation to find that the employer had accessed her emails and uncovered evidence of her job searching. She had reached out to a supplier looking for work, who then connected her with a competitor for a possible business development role. Not only had she inquired into the position, but she also shared her CV and scheduled a meeting, albeit on her personal time. Dissatisfied with her pay and superannuation delays amid discussions to shift her to part-time status, she had begun looking for alternate opportunities of employment.
The FWC Decision on the Discovery of Job Search Emails
While the employer maintained that the termination was a result of serious misconduct by the employee, the Commission found that there was insufficient evidence to support the dismissal. Stating that the employer had not complied with the Small Business Fair Dismissal Code, the FWC indicated that the employer had rushed to formulate the termination documents even before allowing the worker to explain what occurred.
The FWC decision on the job search emails clarified that she had relied on her contacts to find work on her own time and had not revealed confidential resources or abused intellectual property in her job search. The issue at hand is complex and multi-layered. Taking the job search, competitor collaboration, rushed dismissal, and other factors into account, there is a lot to take away from the incident.
Is It Illegal to Access Employee Emails?
The incident here isn’t just about a worker dismissed over job search emails or the employer being held accountable for the termination. One aspect of the conversation is the employer’s review of the employee’s emails. In most situations, employers retain the authority to investigate work email accounts in case of any concerns about the employee.
While a review of an employee’s personal emails might have caused a bigger issue, access to work-related accounts, especially on company-owned systems, is within their legal jurisdiction. Employers that want to adhere to best practices can benefit from informing employees about their right of access, and also letting employees know when they are about to audit company accounts.
The Implications for Employers and Employees
The complex incident that was resolved by the FWC is multi-layered, particularly for HR professionals and their role in the enforcement of company policy. This ruling brings into focus the importance of compliance with dismissal codes and the need to ensure that there are reasonable grounds for misconduct claims. Regardless of the issue at hand, it is important to afford employees the chance to respond and explain their side of the situation before the decisions are made.
Firing staff for exploring their work options and engaging with potential opportunities is not strictly above board. The misuse of company contacts, resources, and time is a concerning matter that cannot be ignored, but they aren’t always direct grounds for dismissal. A rushed decision can result in a negative atmosphere across the workplace, with other employees also growing more resentful and cautious of how they behave. Fairness in all tasks is an important precedent to set, allowing the organization to enforce its policies with greater clarity.
Do you think workers can be dismissed over job search attempts and emails? Let us know what you think. Subscribe to The HR Digest for more insights on workplace trends, layoffs, and what to expect with the advent of AI.