Question: If an employee is charged for misconduct; sending of pornographic material through email to other employees; and is dismissed after hearing due to having been found guilty. The guideline sanction is final written warning but is dismissed, on appeal the decision is upheld due to an investigation which shows that the employee has been receiving, storing and distributing these pornographic emails, please advise.

Answer: It is my belief that the employer has the full right to go with a termination of service in this matter. Regardless of what their code of conduct prescribes, each case is judged on its own merit. Let’s look at reality and the employee has been found guilty of receiving, storing and distributing pornography within a work environment, what CCMA Commissioner would find this dismissal to be unacceptable and unfair. None!

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