ARTICLE · 16 FEBRUARY 2012

Employees behaving badly

Coleman Greig Lawyers

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Employers are entitled to be assertive about disciplinary processes where there are repeated infringements and warnings.

AustraliaEmployment and HR

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Does an outburst of temper justify dismissal?

Lynette Steele sued a registered club for compensation for unjust dismissal. The dismissal related to repeatedly loud, abusive comments to other members of staff, within the hearing of club patrons, after Ms Steele arrived at work and was unhappy with the state in which her workplace had been left by a prior shift.

Ms Steele agreed that, in part, she was upset because after her first outburst, a co-worker had suggested that she must have been "baking cookies" containing marijuana (which was said to be part of her culinary repertoire).

Ms Steele lost her case because a number of independent witnesses confirmed her loud and abusive behaviour.

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