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Saturday 9 January 2010

Supreme Court rules pornographic images at work aren't illegal

La Cour de Cassation in France, or the country's Supreme court, has overturned a decision made by an industrial tribunal and an appeals courts which had both upheld the dismissal of an employee who downloaded pornographic images at work.

The case dates back to 2002, when a worker at the carmaker Peugeot Citroën in the western city of Rennes was fired after pornographic images he had downloaded were discovered on computer at work.

He took his case to an industrial tribunal and to the Court of Appeal in Rennes, but in both instances the ruling went in favour of the employer.

His last chance was la Cour de Cassation which, it has been revealed, last month ruled in his favour.

It accepted his arguments that the employer had no right to access what were private and personal files and that saving images on his computer had in no way had an impact on his ability to do his job.

"The saving of three files containing pornographic pictures, which were not criminal in nature, did not constitute grounds that would justify dismissal," the Court ruled, adding that the outcome of the case would have been different had the images been "unlawful" such as ones of a paedophile nature.

In effect the ruling found that the employee had been unfairly fired and the case has been referred the matter back to the appeals court to determine how much compensation he is now entitled to.

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