{"id":174672,"date":"2022-09-05T23:38:01","date_gmt":"2022-09-05T18:08:01","guid":{"rendered":"https:\/\/www.gearrice.com\/update\/you-cant-get-fired-for-watching-porn-on-your-company-laptop-at-least-in-this-case\/"},"modified":"2023-12-15T15:54:35","modified_gmt":"2023-12-15T10:24:35","slug":"you-cant-get-fired-for-watching-porn-on-your-company-laptop-at-least-in-this-case","status":"publish","type":"post","link":"https:\/\/www.imageantra.com\/you-cant-get-fired-for-watching-porn-on-your-company-laptop-at-least-in-this-case\/","title":{"rendered":"You can’t get fired for watching porn on your company laptop (at least in this case)"},"content":{"rendered":"
The boundaries between work and public life are sometimes blurred when it comes to telecommuting. It may happen that, when we work from a computer in our company, we want to use it for private purposes, something that is almost very expensive for a worker. He was fired for viewing pornographic material and viewing content from a television channel through the company’s laptop, but this dismissal has been declared unfair<\/strong>. We tell you more about this case.\n<\/div>\n
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As we will see a little later, the worker of this company used the laptop that the company gave him for work to view pornographic content outside of working hours. In addition, the same worker also used his company laptop to watch television content, this time yes, within your working day<\/strong>.<\/p>\n

Watching porn from the company laptop, is it legal?<\/h2>\n

This case in point is most interesting. A worker, serving as a senior engineer, was constantly on the move to supervise and manage different projects for his company around the world. At the time of interest, December 2, 2020, this employee was in the Ivory Coast. The employee used his company laptop to view pornographic content at 12 o’clock at night<\/strong> (Spanish time), that is, outside of your working day.<\/p>\n

From the same device, moreover, the same employee also viewed content from the AXN chain on his laptop up to three times, all three times within his working day. When the company was able to discover all this, it opened a disciplinary file on the employee, giving him a disciplinary dismissal letter on March 5. In this letter, the dismissal was attributed to the fact of habitually seeing \u00abmultimedia content of the AXN television channel during working hours<\/strong>‘, using the company laptop for ‘recreational purposes’.<\/p>\n

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<\/div>\n

This case passed into the hands of the Social Court No. 4 of Gij\u00f3n, which upheld the claim and declared the dismissal unfair<\/strong>. Faced with this sentence, an appeal was filed, but in May of this year, the Social Chamber of the Superior Court of Justice of Asturias again agreed with the worker, for which reason the appeal filed against the first was dismissed. judgment.<\/p>\n

This Chamber does not ignore that the employee used the laptop for personal and recreational purposes, although this “does not imply a serious and culpable breach by the deserving worker and justification for the dismissal agreed by the company.” The employee argued that it was common for When traveling abroad, the laptop will be used for recreational purposes.<\/strong>since it was impractical to have to move the company’s laptop and one’s own equipment out of Spain.<\/p>\n

On the other hand, with regard to access to the AXN channel, the Court’s ruling states that there is no habituality in the employee’s behavior when watching the television channel<\/strong>, since it was a punctual access on a day where he accessed at 11:05, at 15:04 and at 16:39. In this way, as the Court considers that the employee’s conduct is “occasional” and unusual” there is no type of serious and culpable breach for the company to justify the dismissal of the employee.<\/p>\n

<\/span><\/div>\n","protected":false},"excerpt":{"rendered":"

The boundaries between work and public life are sometimes blurred when it comes to telecommuting. It may happen that, when we work from a computer in our company, we want to use it for private purposes, something that is almost very expensive for a worker. He was fired for viewing pornographic material and viewing content<\/p>\n","protected":false},"author":29,"featured_media":428664,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[24218],"tags":[13876,21034,13757,11852,11092,15092,12333,23053,31147,14617,19744,12617],"jetpack_sharing_enabled":true,"jetpack_featured_media_url":"https:\/\/i0.wp.com\/www.adslzone.net\/app\/uploads-adslzone.net\/2022\/09\/despedir-por-ver-porno2.jpg?fit=%2C&ssl=1","_links":{"self":[{"href":"https:\/\/www.imageantra.com\/wp-json\/wp\/v2\/posts\/174672"}],"collection":[{"href":"https:\/\/www.imageantra.com\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.imageantra.com\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.imageantra.com\/wp-json\/wp\/v2\/users\/29"}],"replies":[{"embeddable":true,"href":"https:\/\/www.imageantra.com\/wp-json\/wp\/v2\/comments?post=174672"}],"version-history":[{"count":1,"href":"https:\/\/www.imageantra.com\/wp-json\/wp\/v2\/posts\/174672\/revisions"}],"predecessor-version":[{"id":428786,"href":"https:\/\/www.imageantra.com\/wp-json\/wp\/v2\/posts\/174672\/revisions\/428786"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.imageantra.com\/wp-json\/wp\/v2\/media\/428664"}],"wp:attachment":[{"href":"https:\/\/www.imageantra.com\/wp-json\/wp\/v2\/media?parent=174672"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.imageantra.com\/wp-json\/wp\/v2\/categories?post=174672"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.imageantra.com\/wp-json\/wp\/v2\/tags?post=174672"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}