The Court’s Ruling
A court heard a reinstatement claim from an employee dismissed for the systematic personal use of a work computer — viewing social media, online shopping, and streaming services.
The employer presented browser history printouts, system administrator logs, and a documented incident report.
The court sided with the employee and held: using the internet for personal purposes is not in itself grounds for dismissal. The employer is obliged to prove that such use caused actual harm to the organisation — reduced productivity, a data breach, or additional costs.
If harm is not proved, there is no breach serious enough to justify the most severe disciplinary sanction (dismissal).
What the Employer Must Prove
For a lawful dismissal on disciplinary grounds for personal use of work resources, the employer must demonstrate:
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That a breach occurred — the employee used company equipment for non-work purposes (proved by logs, reports, or witness accounts).
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That a prohibition existed — the company’s internal labour rules or IT policy expressly prohibit personal use of the internet, and the employee was formally made aware of this prohibition in writing.
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That actual harm resulted — the breach caused specific adverse consequences: the employee failed to complete a task, made an error, caused a data breach, or generated additional costs.
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That the sanction is proportionate — before dismissal, less severe options must have been exhausted: a warning, a formal reprimand.
What to Do If You Were Dismissed
Challenge the dismissal in court. The deadline is one month from receipt of a copy of the dismissal order (Article 392 of the Labour Code). Request from the employer all documents on which the dismissal decision was based.
Ask the employer to produce evidence of harm. In court, the employer must present evidence of actual harm. If they cannot, the court will in all likelihood reinstate you.
Claim forced-absence wages. On reinstatement, the court orders the employer to pay average wages from the date of dismissal to the date of reinstatement.
What Employers Must Do in Advance
If the employer genuinely wants grounds to dismiss for an IT policy violation, they must:
- draft and adopt an IT resource use policy,
- ensure all employees formally acknowledge it in writing,
- set out clear prohibitions and their consequences,
- consistently apply warnings and formal reprimands before dismissal.
Frequently Asked Questions
Can the employer lawfully monitor my activity on a work computer? Yes, if the employee has acknowledged a monitoring policy in writing. Data on company devices belongs to the employer. Monitoring itself is lawful; what is unlawful is dismissal without proof of actual harm.
I was browsing the internet during my lunch break — is that a breach? No, provided no local policy expressly prohibits internet use during breaks. During working hours, a breach only arises where the applicable internal rules explicitly forbid personal internet use.
What counts as “actual harm” in court? An incomplete task with documented consequences, a data breach, or additional costs to the organisation that can be directly linked to the employee’s conduct. An abstract “loss of working time” without proven consequences does not constitute harm.
What is the deadline for bringing a court claim after an unlawful dismissal? One month from the date of receipt of a copy of the dismissal order or the employment record book (Article 392 of the Labour Code).
Read Also
- Resignation Letter Submitted by a Representative Under a Power of Attorney: Court Ruled It Invalid
- Absenteeism and Dismissal: The Employer Must Prove Actual Harm
Dismissed for using the internet or other work resources for personal purposes? Contact us for a consultation — we will assess the lawfulness of the dismissal and prepare a reinstatement claim.