Keystroke data from her laptop ended a career of almost 18 years

Suzie Cheikho joined Insurance Australia Group in May 2005. Her work included lodging documents with the financial regulator, ASIC, and it all had to be done on her company laptop. Her managers had raised concerns during that year: a letter setting out their expectations in June, a missed lodgement that, her manager said, led to a fine from ASIC, a formal written warning in November and, in December, a performance improvement plan.

As part of that plan, the insurer reviewed her laptop activity from 1 October to 16 December 2022. It reported that she had not worked her rostered hours on 44 of 49 working days and had done no work at all on four of them. In October alone there were 117 working hours with no keystrokes. Her monthly average ranged from about 35 to 80 keystrokes an hour. She was dismissed on 20 February 2023.

Ms Cheikho said she doubted the data, and that she had sometimes used other devices. In her written response to the insurer she also said she had been going through personal issues that had affected her mental health and, she believed, her work.

Deputy President Roberts found that there were 'extended periods' when she was not working as required. Her job could only be done on the laptop and the company network, and although she had access to the insurer's systems after the allegations were put to her, she did not show what work she had actually done. That was misconduct, and a valid reason for dismissal. She had been told of the concerns, met the insurer with a union support person, and given two chances to respond in writing.

Her long and satisfactory service counted in her favour, and the Deputy President accepted that the problems behind her disconnection from work were 'serious and real'. It was not enough. The dismissal was not harsh, unjust or unreasonable, and her application was dismissed.