So where does it's it? Can you swear at work in the workplace? Wonderful? Three eighty two? Is it something that happens at your workplace? We'd like to know. Mark Brannigan is partner at major law firm Thompson Gear, a trading boss wor at worker, and a tribunal has ruled that it's not okay.
No, well, I mean he said, are you He said that you can't say that, apparently, and then he went on to say, can't say that. So these are words that some people might say to each other in the workplace, and some people really just go.
But if I said to you that was good ship this morning, If I said that, like, is that the point of it?
Is that allowed? That is that? Really?
Is that bad?
So this person said, are you effing serious? You're making me angry. So that was enough for the tribunal to say the Fair Work Commissions say, can't do that. I can't talked to people like that.
Mark, good morning, Good morning jents. How are you good?
You work in a profession where it wouldn't be much swearing below.
Well, there's always a bit of colorful language floating around. I must submit, But I think that in relation to the issue of swearing, it comes down to the context in which it's spoken, So it's a question of degree. So where we do have people that say, get frustrated and drop the occasional expletive, I think that there can be some sort of allowance for that, And there's probably also the need to take into account the work environment and even say the industry or the types of work
that's being done. So there tends to be that flexibility. If you're on say a road maintenance crew that might be a bit more earthy than perhaps say a church choir gathering, then you know that needs to be taken into account. I think the Fairwork Commission has allowed that and recognize that in the past. But even so, even if there is that sort of swearing, it may be necessary to apply some form of discipline if a person,
say overstepping the mark. I think the question here with this case was really where the swearing transformed into abuse and that's simply not acceptable.
Right, But this pite was secretly filmed, so the guy that was being abused was filming this person and they used it as an evidence against their bosses. That fair guy, Well, you shouldn't you tell someone that you're filming them.
Well, it's there is an issue about secret recording of conversations. Each state actually has their own laws relating to that. But in this case, the Fair Commission Fairwork Commission agreed to allow that evidence in. And yes, that can create a problem as to fairness, but I think that putting aside the issue about whether or not the recording was made properly, I think the issue is if those words were made out that you can see how the sort
of swearing aspect veered into the area of abuse. Because part of the issue here that was decided by the Fairwork Commission was whether that abuse led to or effectively force the employee to resign, which was the case, and then did he then have a legal case because he had resigned rather than being dismissed. And in this case, the Fair Work Commission found in favor of the worker
against the employer. So it was very much colored by the language and the evidence that came out through that secret recording.
I don't know. I mean, there'll be a lot of people that'll be worried now because there is quite a bit of colorful language in the workplace, But as you say, it depends on intent. The fin reviewed believed that there'll be plenty of other cases where someone will have a crack at someone for unlawful dismissal because of the fact that they communicated poorly.
Well, yes, that's definitely the case. You can also have cases made out for bullying, which is in breach of the Fair Work Act. You could have language like this that could even be seen as sexual harassment. In fact, there's provisions in the Sex Discrimination Act prohibit exposing so much to a hostile work environment, and that includes such things as demeaning and degrading language. So look, the laws that sort of surround the workplace now are obviously well
intentioned with policy to protect people. We all need to be in a far more conscious than what might have been acceptable, say twenty years ago. Hopefully that does lead to a better workplace, but it is a bit of a minefield, and certainly any employers, anyone in a business where the colorful words are being thrown around, just needs to be very very cautious about the impact on others.
Just for SEB and I, if we picking on someone with small feet, Harry knows has botox injected into the forehad area? Is there is there any issues with physical appearance, like talking like that to our colleagues.
Well, in fact, they can be another ground of discrimination where attributes to include a person's physical appearance. There thank you under equal opportunity laws. So there's a lot there. And it sounds like your description of some of my colleagues.
As thank your Branigan their partner at Major Law Thorn.
You use the language if you don't want to go at someone and you use it, or if you just.
It's totally changed from the time I entered the workforce for the time that I am in there, it's totally changed.
It has, but you can still as we do from time to time, we can still use it in a in a positive way.
So if I said to you when you joined our crew, right, it's a robust environment. Okay, so you will hear some profanity from time to time, don't be offended, don't take it personally. Is that enough to exonerate you? Unfortunately, no, you know, so if someone does take offense, that's when you get into trouble. If no one takes an offense, that's but the people can be overhearing conversations. But some tire offers who are offended and can lodge a complaint
But sometimes too I think that if you do the wrong, then do the right and admit you made a mistake and apologize and go out of your way to make sure that you address the issue and try to sort it out before it gets to a fair work and you force a person out and they have to go to the commission to get what they want, or be in a position where they feel the need to record someone absolutely on