A recent decision by the Fair Work Commission (FWC) has some
people asking whether the standards of behaviour expected of
employees are changing. In Smith v Aussie Waste Management
[2015], the FWC found that swearing at a manager didn't warrant
dismissal. We consider whether this is reflective of a wider trend
in modern workplaces in which expectations are dropping.
Smith v Aussie Waste Management
In Smith v Aussie Waste Management, a garbage truck
driver swore at his manager, saying "you dribble sh#t, you
always dribble f#&king sh#t". The employer dismissed the
truck driver for this conduct. Deputy President Wells, who presided
over the matter, accepted that the garbage truck driver swore at
his manager, but overturned the employer's decision. She found
that while this type of conduct shouldn't be tolerated, it was
not "sufficiently insubordinate" to justify
dismissal.
