Worker who sent dirty emails fired after appeal

A worker who thought he had won his job back despite sending dozens of grubby emails has now been fired after his employer won its appeal.

Blenheim firm Safe Air went to the Employment Court in Christchurch after worker Philip Walker successfully argued to the Employment Relations Authority that the emails were part of a wider workplace culture.

Judge Tony Couch found the dismissal of Mr Walker to be what a "fair and reasonable" employer would have done in all the circumstances at the time. The dismissal was declared "justifiable" and Mr Walker's personal grievance was not sustained.

Mr Walker had been sacked from his job as a purchasing officer after sending 425 non-work-related emails to colleagues and family members between March and September last year.

Safe Air claimed that 26 of these were "emails of concern" containing explicit depictions of lewdness, nudity and/or sex acts. The ERA found in Mr Walker's favour and he was awarded $1000 for "a loss of dignity and injury to his feelings" and his employer was forced to reinstate him.

But Judge Couch found Mr Walker's emails demonstrated "serious misconduct" and that he had been aware it was against company policy to send them. And he found that Mr Walker had sent many more emails than the others who had been involved.