A SECURITY guard who was fired for watching pornography on a works mobile phone was unfairly sacked, according to the Basque Country Supreme Court.
The man from A Coruña has been reinstated and awarded €7,500 in compensation.
The court ruled the security firm Trisquel Proteccion violated his privacy by tracking his work phone history without permission.
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The company had also not told him that the phone was for company business use only.
The Basque judges said: “On its own, viewing sexual content during working hours on some occasions cannot be held to constitute a serious breach of contractual good faith and a culpable cause of the dismissal of the offending employee.”
The ruling also pointed out a lack of company policy over warning workers about the risk of dismissal if they are found watching porn on shift.
The court stated: “Employers must establish criteria for the use of mobile phones …