ON 23 JULY 2014, the Full Court of the Federal Court of Australia delivered Australian Postal Corporation v D’Rozario  FCAFC 89 (23 July 2014).
Three Australia Post employees were dismissed for sending pornographic material by email from their work email addresses to others including work colleagues.
The employees took their matters to the Fair Work Commission, seeking reinstatement on the basis that their termination was “harsh, unjust and unreasonable”. At first instance, the Fair Work Commission dismissed the applications of two of the workers and ordered that the third receive compensation but not reinstatement.
The workers appealed to the Full Bench of the Fair Work Commission, who ordered reinstatement in all three cases on public interest grounds.
Australia Post appealed the Commission’s decision to the Full Court of the Federal Court of Australia. The Full Court found that there was no appellable error with the Full Bench’s decision with respect to the first two workers and dismissed their appeals. The Full Court quashed the decision of the Full Bench with respect to the third worker on the grounds that the Full Bench failed to consider whether or not it was in the public interest to allow the appeal.
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