The email was sent in support of a colleague with terminal cancer and included a link to buy charity t-shirts, an initiative that Ms Callow organised and personally funded with over $1,000. However, the email was flagged by the company as a breach of its privacy policy because Ms Callow accidentally used the “CC” field instead of “BCC,” exposing all recipients’ personal email addresses to one another.
The Employer said Ms Callow knowingly disregarded instructions to refrain from obtaining employee information and significantly breached their Privacy Policy and Confidentiality Agreement. Ms Callow’s employment was terminated due to serious misconduct.
However, the Commission found that the privacy breach did not justify termination, particularly given the employer’s failure to provide Ms Callow with adequate training or clear guidance on email protocols.
Ms Callow told the Commission she had asked her supervisor for help before sending the email and was met with silence. She also said she was never trained on privacy procedures during her time with the company.
In finding that the dismissal was harsh, unjust and unreasonable, the Commission said “there is an unfairness in the dismissal based on the alleged breach of company policies, of which the policies had not been appropriately explained to her. She did not require an active understanding of those procedures in the discharge of her duties.”
The Fair Work Commission ordered full reinstatement of her role as a dump truck operator, with Ms Callow’s continuity of service preserved.
A Warning to Employers
The ruling underscores the need for clear communication, adequate training, and a proportionate response to policy breaches. If employers intend to take disciplinary action, they must ensure workplace policies are not only clearly conveyed but also properly understood by their employees.
