A recent decision of Horner
v Kailis Bros Pty Ltd [2016] FWC 145 concerns a dismissal of an employee
for swearing.
In this case the employer got it right and was able to
successfully oppose an application for compensation and/or reinstatement for
unfair dismissal by the foul mouthed employee.
The employee had been disciplined previously for swearing.
The Commission found there was a valid reason for his dismissal because the
employee did more than swear but also abused his supervisor.
The employer wisely asked the employee for his version of
events as to what happened when the verbal altercation with his supervisor took
place. He was told that his job could be under threat. Therefore the Commission
was satisfied that the employee had an opportunity to respond and put his
version of the events, and that he was aware of the reason why his job could be
under threat.
The case is a good example of an employee’s conduct that
justified dismissal.
Employers need to make sure they deal with conduct issues
properly and employees are afforded procedural fairness, that is given the
opportunity to put their version of events.
In dealing with conduct issues we recommend that all
employers obtain advice from Human Resource Management specialists or a lawyer
who is an Accredited Specialist in Workplace Relations before dismissing a
worker for conduct issues.
Nevett Ford Lawyers provide advice on all aspects of
Employment Law.
