Employee working from home dismissed – cyber activity report showed minimal keystrokes

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.