When is swearing in the workplace a basis for dismissal?

Numerous recent cases have considered swearing in the workplace. But when the decision at first instance in Gosek v Illawarra Coal Holdings Pty Limited T/A South32 (Gosek)¹ was handed down by Commissioner Riordan late last year, there was a media frenzy, followed by widespread criticism of the decision.²

Commentators were quick to voice their outrage, suggesting that perhaps community standards of acceptable workplace behaviour had diverged from those of the Fair Work Commission (FWC).

To help clarify what employers need to consider when dismissing an employee on the basis of inappropriate language, we've provided below a round-up of cases from the past 12 months in which swearing took centre stage.