BlandsLaw - Blog posts from policies and procedures
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Ongoing social changes have paved the way for leniency when it comes to swearing in the workplace. The question becomes when does swearing in the workplace amount to misconduct. The answer largely dependents on workplace culture and the context in which it is used.

A recent decision by FWC highlights the issue of where to draw the line between swearing and grounds for dismissal. In this case[1], an employee of Kailis Broswas dismissed for abusively swearing at his supervisor over an OH&S incident, which caused him to injure his lower back. Following the injury, he directed his anger towards his supervisor which included a repeated use of the ‘f’ word in an aggressive manner.  FWC found that whilst there may have been an existing culture of swearing, the fact that the employee had already received a warning for swearing in the past, coupled with the aggressive nature of the incident, ensured there was a valid reason for his dismissal.

Whilst this case affirms the standpoint that employers will

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With a busy month ahead for many businesses holding work social functions and Christmas parties it is a good time to consider your workplace policies and practices and how they apply to social functions and behaviour that is outside the usual office or work space.  
 
Behaviour outside of the workplace
 
We recently wrote about the Oracle case (http://www.blandslaw.com.au/blog/174-new-standard-set-for-workplace-harassment-compensation.htmll), a sexual harassment case which involved harassment (at times amounting to criminal conduct) that occurred both inside and outside the office.
Whether or not something is considered ‘at work’ will depend on the facts.
 
This case highlighted that conduct which occurred outside of the office was still, in these particular circumstances, the responsibility of the employer.  To imitigate or avoid liability, employers need to be able to show they have taken reasonable steps to prevent the discriminatory or harmful conduct occurring in the first place.    
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