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ARTICLE · 29 JUNE 2019

Offensive language within the workplace: When does it cross the line?

Employers should have well-defined policies to outline standards of conduct expected of employees within the workplace.

AustraliaEmployment and HR

Profanities in the workplace; acceptable always, never, or only in times of deep exasperation? Does swearing in the workplace give an employer enough grounds to terminate an employee? As an employment lawyer it's relatively common for me to hear of circumstances where employees have been reprimanded for their choice of language within the workplace - although as with all legal matters, every situation is different and must be approached as such.

An employee who swears will not always give an employer grounds for termination. With this said, swearing coupled with the additional ingredients of intimidating, aggressive or threatening conduct or actions towards another employee may be a risk to the health and safety of that employee, or indeed constitute a breach of either workplace harassment policies or a code of conduct.

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