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Internet porn addict claims unfair dismissal

OUT-LAW News, 20/11/2003

A German civil servant is claiming unfair dismissal after being sacked because he spent his time surfing for porn and amassing a bill of €10,000, according to Expatica.com. "I am an addict and as such am unaccountable for my actions," the unnamed man told the court.

According to the report on the expatriate news site, the former employee of the state of Lower Saxony added, "I need therapy and understanding, not dismissal from my job."

Further details on the case were not available at the time of writing. But however implausible the employee's arguments may seem, employers should exercise caution when faced with such staff problems, says Robyn McIlroy, an employment law specialist with Masons, the firm behind OUT-LAW.COM.

McIlroy explained:

"For employers to put themselves in the best possible position for defending such claims, it is essential to have a comprehensive employment policy setting out the permitted parameters of personal use of internet facilities.

"Employers must also ensure that the policy is properly implemented and clearly communicated to staff – preferably with training, so that there can be no doubt about what use is permitted, what use is prohibited and the sanction that will be imposed for breach of the policy.

"Employers must remember the importance of following a fair disciplinary procedure – and that disciplinary sanctions must not only be fair but also be consistent."

 

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