A storeman sacked for viewing pornography on his employer's computer was justifiably dismissed, the Employment Relations Authority (ERA) has ruled.

Reginald Hiha had admitted the activity, but claimed his dismissal in August 2011 from his position at Mico Bathrooms in Mt Maunganui was unjustified. He sought compensation and reimbursement for lost wages.

In her ruling, ERA member Anna Fitzgibbon said one of two reports into Hiha's internet usage contained 164 images depicting images of naked women, naked women and men in lewd poses and performing sex acts.

The nature of the pornography was a key factor in the matter.

"The images are graphic and objectionable," she said.

Hiha had worked for his employer, Crane Distribution NZ, since February 2008, after it took over the company where he had previously worked for about a year.

In May/June 2011 he started accessing from his work computer a website called tumblr, enabling him to view pornographic images regularly over a period of at least three months before his dismissal, the ERA report said.

Hiha was aware he was in breach of Crane's policies, but did not believe the breach to be serious and that he could be dismissed.

He said he would be embarrassed if anyone could see the sites he was viewing and so took care to avoid being seen.

Despite that, a Crane employee complained to branch manager Malcolm Peden that she had seen Hiha viewing pornographic images on his computer at work.

At an investigation meeting, Hiha sought to argue he had been treated differently from other employees, the ERA report said.

He referred to one man who received a warning for misusing the internet, and to an email Peden had sent out to staff which he described as offensive and for which Peden was not disciplined.

The conduct of neither Peden nor the other man involved accessing Crane's computer to view pornography, the ERA said.

Hiha also sought to argue Crane's policies should have set out which type of pornography was serious and could result in dismissal and which was less serious and could result in rights to internet access being removed.

ERA member Fitzgibbon said she did not accept that argument.

Hiha knew about and agreed he probably signed Crane's email and internet policy. He was aware that using Crane's computer to access pornography was not allowed.

"The pornography viewed by Mr Hiha was seriously offensive and destroyed the trust and confidence that Mr Peden had in Mr Hiha," the ERA said.

Crane also considered as a breach of its internet policy the use of company email and internet systems for excessive, inappropriate, or high volume personal use. But Peden accepted excessive personal use of the internet would not be sufficient in itself to constitute serious misconduct for which Crane could sack Hiha. 

- © Fairfax NZ News