Mr. Barbulescu had been asked to set up a Yahoo Messenger account on behalf of his employer. He had been notified of his company’s internal rules which strictly prohibited company equipment, such as computers, being used for personal use. He was subsequently informed that communications from the account had been monitored between 5 and 13 July 2007 and that those records showed he had used the account for personal purposes. The employee denied this but the transcript evidence of the communications made his response untenable and he was subsequently dismissed.

It is important to note that he was dismissed, not on the basis of content found, but because he was in breach of the internal regulations for using the account for personal purposes during work time.

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