KEY POINTS:
Q. How am I supposed to define what is acceptable in an email?
A. Try imagining that your grandmother is reading over your shoulder. How would you feel? Aside from illegal (objectionable) material, it is up to your employer to define what is unacceptable.
Q. Is
it fair decisions on what's acceptable can be just made by a manager? What if they're a prude?
A. Your manager may be the first person to consider the situation, but any decision needs to be backed up by a company-wide policy. All breaches should be treated in a consistent manner, regardless of individual opinions.
Q. Why does it seem you can get sacked for something "adult" when we're all adults in the workplace?
A. We may all be adults but that doesn't mean we all feel comfortable looking at adult or pornographic material. An adult joke may be funny to one person but deeply offensive to another.
Q. What if my supervisor or manager is also involved in passing on inappropriate emails?
A. It takes courage to go up a level but remember your supervisor is an employee just like you. Consider talking with other work mates, a mentor or a union representative. This situation needs to be treated sensitively just like cases of workplace bullying or sexual harassment.
Q. What if the work culture is such that this is deemed acceptable, but I don't find it so funny?
A. You do not have to put up with these conditions and there are a number of self-help steps you can take. See your HR manager for help or ring the Employment Relations Infoline on 0800 209 020.
Q. Are there "categories of pornography" a business can distribute to staff?
A. We have a system to help describe what we see during an investigation. Category 1: Calendar-style pictures without nudity. Category 2: Adult jokes. Category 3: Images featuring nudity. Category 4: Hardcore pornographic images. Category 5: Objectionable images - these are illegal and can include copyrighted material such as DVDs.
Q. Is just getting someone to sign a policy document stating they know the rules when they start work enough to protect a company?
A. No. The policy needs to be reviewed and updated at least annually. It should be also located in a place people can see, for example a warning when employees log on to their computers stating that the computer system belongs to the company. By logging on you agree to the acceptable use policy.
Q. How many warnings does someone have to have before they can be sacked?
A. There is a strict legal procedure that needs to be followed, which is subject to the severity of the incident and the company's policy. Employers should seek advice from an employment lawyer.
Q. What are some of the "half-way" options that might help an employee sort out their behaviour without sacking them?
A. I have seen different offers made to offending employees: attendance at an anger management course, counselling, internal session on acceptable behaviour, and a written apology sent to other staff members.
