An employee working from home almost permanently was dismissed for misconduct. The employer alleged that the employee failed to work as required during October to December 2022.

The employer conducted a review of the employee’s cyber activity which measured amongst other things, keystroke activity – that is, the number of times the employee physically presses a key on the keyboard.

The report showed that the employee had significant periods when no, or minimal, keyboard activity was evident.

The report was presented to the employee with a request for an explanation. The employee failed to provide an adequate explanation.

The Fair Work Commission upheld the employer’s decision: Cheikho v Insurance Australia Group Services Ltd [2023] FWC 1792, 21 July 2023.

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