Advice please

Darth_Marty

A mate of mine is a Manager in a currently underperforming branch. Hes had some meetings with the top brass but no warnings at all. The company is still profitable I must say. As far as he knows there is no internet policy in play, certainly nothing documented anyway. So, the story goes like this, last week his director found his msn chat history, along with some soft !!!!!! pics, 2 in total, and the chat history was frankly huge. Detailing times and days going back years, sometimes he would waste hours on msn, all obviously during work times. To make issues worse some of the recent chat history was very explicit. He was suspended pending an investigation and his meeting is set for next tuesday.
My question to you more knowledgeable folk is - Does he have any chance of keeping his job?
Personally I think thats enough evidence to bury him however because of the lack of internet policy he thinks he will escape with a warning.

What do you reckon?

AnxiousMum

Does there need to be an internet policy? Or could he just be fired for theft of time?

Darth_Marty

I dont know, seems to me that whilst an internet policy would make this an obvious dismissal even without one its got to be good grounds for gross misconduct?!

Emmzi

internet policy not essential here, it's inappropriate material, and misuse of company property. maybe gross misconduct.

I'd say hes on a hiding to nothing and I'd be finding a way to get rid if I were his boss. going through due process, of course. so suspended on full pay for a week while they investigate, then out.

Rockporkchop

Agree with the others, at my firm he would be sacked for gross misconduct. We don't have an internet policy either but it's kind of an unwritten rule that we don't download soft !!!!!! etc. Curious to know how and why the director suddenly found several years of MSN chat history though, looks like there might be other reasons for wanting your friend out.

Darth_Marty

Any other opinions?

Emmzi

Darth_Marty wrote: »

Any other opinions?

do you want us to keep going until you get one you like better?

Darth_Marty

ha ha not at all, just hoping someone more knowledgeable than you would comment thats all.

Meepster

Darth_Marty wrote: »

ha ha not at all, just hoping someone more knowledgeable than you would comment thats all.

Hmm I've sacked two employees in the past for misusing the internet on work time. So does that make me more knowledgable? In both cases, there were no soft !!!!!! pics, merely MSN chat histories, details of webpages browsed, with times and dates and information with regards to emails sent by the two colleagues. An internet policy was never discussed or stipulated.

Both were sacked for gross misconduct. One of them took it to a tribuneral and lost.

In my opinion, the case you are reporting on is worse than the ones I had. And TBQH, I think the !!!!!! pics (no matter how tame) and any explicit conversations from MSN are grounds enough for "your mate" to be dismissed...

Darth_Marty

Thats fair enough and what I expected to be honest. I suppose I was just after info from someone such as yourself who had actually experienced this kind of occurrence.
Thanks very much, its appreciated.

And it really isnt me. :-D

Emmzi

Darth_Marty wrote: »

ha ha not at all, just hoping someone more knowledgeable than you would comment thats all.

15 years in HR and they call you inexperienced...