In a recent decision by the Fair Work Commission, Deputy
President Wells found against the company that summarily dismissed
an employee for abusing the managing director of the company. The
company was an SME and the managing director and the garbage truck
driver were having a telephone conversation which got heated. In
the course of that conversation, the employee said to the managing
director:-
"You dribble s#*t, you always dribble f#*$ing
s#*t".
The company proceeded to terminate the employee without having a
meeting with the worker. That was their primary mistake in dealing
with this matter. Had they met with the worker and given the worker
an opportunity to explain why he had spoken to the managing
director in such a fashion and furthermore, why they should not
terminate him, the company may have been in a better position to
defend their decision to summarily dismiss the worker.