Suzy Cheikho v Insurance Australia Group Services Limited
- Employers have the ability to monitor an employee’s productivity and performance regardless of whether working from office or remotely.
- Employers have a right to monitor and review their employees’ performance.
- Ms Suzy Cheikho (Applicant) was an employee of Insurance Australia Group Services Limited (Respondent) since 2005.
- The Respondent had a hybrid work setting where employees could work from home. The Applicant chose to work from home on a permanent basis.
- The Respondent had implemented keystroke technology on the Applicant’s computer.
- The Applicant’s employment was terminated on the basis that during the period of October to December 2022, the Applicant had significant periods where no or minimal key-board activity was recorded, including 143 hours in a month with zero keystrokes.
- The Applicant filed for remedy for unfair dismissal.
- Pursuant to section 390 of the Fair Work Act 2009 (Cth), the Fair Work Commission may order a remedy for unfair dismissal if:
(a) the Commission is satisfied that the Applicant was protected from unfair
dismissal at the time of being dismissed; and
(b) the Applicant has been unfairly dismissed.
- The Applicant claimed that the Respondent had premeditated plan to terminate her employment due to her mental health issues; however, only provided limited evidence to support her claim.
- In response, the Respondent provided evidence from the Applicant’s managers, and performance improvement plan to address the Applicant’s conduct. As part of this plan, a review of the Applicant’s cyber activity was undertaken which proved that the Applicant failed to perform her duties.
- The Commission found that the Applicant was dismissed for a valid reason of misconduct and was satisfied that the dismissal was fair, just and reasonable pursuant to the Fair Work Act 2009 (Cth).