Linfox Employee Sacked for Using Mobile at Work: Fair Work Upholds Dismissal

The Fair Work Commission has upheld the dismissal of a Linfox employee who used his mobile phone at work in breach of company policy.

Malcom Pearson’s (Pearson) employment was terminated after he breached Linfox’s policies, which required him to have his mobile phone switched off during work hours (Pearson v Linfox Australia Pty Ltd [2014] FWC 446 (17 January 2014)).

Pearson argued he needed to be available to assist an unwell relative and on a number of occasions kept his mobile phone on at work. 

He was also found to have breached Linfox’s policies on contacting a relevant supervisor when absent from work, their social media policy and their safe working procedures policy.

Linfox claimed it had a valid reason to terminate Pearson’s employment; namely, his persistent failure to obey lawful and reasonable directions on a number of occasions.

But the Fair Work Commissioner found while “an employee might want to be contactable during working hours”; this could have been achieved in a different manner, which was acceptable to Linfox.

For example, he could have sought authorisation to have his mobile phone switched on, or could have nominated a person in a nearby area to receive messages on his behalf.

Pearson attended a group training session on Linfox’s social media policy but failed to sign the acknowledgement after the session that he had attended.

He then received one-on-one training on the policy. However, at the conclusion of the training, he crossed out the word “understand” where the acknowledgement stated, “I _______ have read and understand ...”, and in the signature space wrote “refused to sign”.

The Commissioner found Linfox’s request for Pearson to sign the acknowledgement “was neither unlawful or unreasonable” and, therefore, it was within its right to dismiss him for failing to do so.

The Fair Work Commission’s decision sets out “clear and lucid commentary” on appropriate use of mobile phones and social media.

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Article from Smartcompany.com.au