Employees often believe they own the content on their workplace computers, and sometimes even the computers themselves. They are mistaken.
Steve Rowe worked as a computer analyst in Sheridan College’s IT department for 12 years. He had one of the highest paying positions in the department, a clean disciplinary record and full access to the college’s servers and computers.
Rowe blurred the line between personal and professional computer use when he adopted one of the college’s faster computers and used it to download a large amount of games, videos, movies, music, and pornography. Rowe gave at least 11 other people including friends, family and colleagues, access to the computer’s media cache. Rowe’s activities went undetected for years.
When a network audit later revealed some of Rowe’s activities, the college seized his computers and started an investigation. After confirming that Rowe had been using the college’s server as a media hub for his circle of friends, the college quickly dismissed him. At a recent hearing, an arbitrator had to determine whether Rowe’s personal use of his workplace computer could justify his immediate termination.
Rowe attempted to overturn his termination by arguing that the college overreacted to his misconduct. However, the arbitrator hearing the case disagreed, characterizing Rowe’s conduct as “extremely poor judgment.” Since Rowe’s job required his employer to be able to trust him, his termination was upheld.
This case is an example of a broader problem in Canadian workplaces as employees too often get carried away with personal computer use at work. When they do, they should not expect that their actions will be immune from discipline as decision makers are becoming increasing aware of the damage computer misuse can cause and they are often unwilling to tolerate it. Both employees and employers can consider some of the following safeguards:
- Whether there is a policy on internet or computer use at work and to what extent, if any, does the employer permit personal use.
- Where personal computer use is permitted, employees should not consider this right equal to a freedom to do as they please. There are a number of ways for employees to lose their jobs including theft of time, discrimination, harassment, sexual harassment and cyberbullying.
Daniel A. Lublin is an employment lawyer with Whitten & Lublin LLP. Reach him at dan@toronto-employmentlawyer.com.
