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ARTICLE · 01 MARCH 2015

Swearing at the boss: is it always a sackable offence?

The FWC has found against a company that summarily dismissed an employee for abusing the managing director of the company.

AustraliaEmployment and HR

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.

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