Recent FWC case highlights data security risks in HR roles

09 May 2025

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The Fair Work Commission (FWC) recently dealt with an unfair dismissal application from a junior HR professional who was terminated for sending confidential company information to his personal email account.

The worker claimed he couldn't access his work email from home due to technical issues with his laptop, forcing him to use his personal email to handle attachments and continue working remotely.

He also argued that sending documents to personal email addresses was common practice in the company, pointing to instances where his managers had allegedly done the same.

The employer, however, alleged this behaviour constituted a serious breach of confidentiality obligations, as the information included sensitive personal data of 93 employees.

The case raised questions about data security expectations for HR professionals and what constitutes valid grounds for dismissal.

HR confidentiality obligations in the workplace

The worker started employment with the employer on 27 May 2022 as a junior recruitment business partner. His role involved talent acquisition, reviewing employee performance, managing visa statuses, and other HR functions requiring access to confidential information.

His employment contract explicitly stated he must "comply with [the employer's] policies and procedures, together with all lawful directions" and "not disclose to any third party, any confidential information" except...

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