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ARTICLE · 19 JANUARY 2017

Swearing in the workplace: Where should you draw the line?

Corrs Chambers Westgarth
Corrs Chambers Westgarth
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Corrs Chambers Westgarth

Corrs Chambers Westgarth

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Determining whether dismissal is an appropriate response to swearing in the workplace is an increasingly difficult task.

AustraliaEmployment and HR

Is swearing ever appropriate in the workplace? Six recent cases suggest that the line between what is and is not appropriate is becoming increasingly blurred.

When it comes to swearing in the workplace, context is key.

Employers cannot look at swearing in a vacuum. Instead, they need to consider all the circumstances and ensure they take a measured approach. While there may be no clear line, an employer should never act too hastily and must ensure employees are afforded procedural fairness in all circumstances.

A recent decision by the Fair Work Commission (FWC) in David Pauling v Roy Hill Operations Pty Ltd1 (in which Corrs represented the employer) highlights the importance of context.

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