Cursing or Swearing In the Workplace

The question of whether it is acceptable to swear in the workplace has been recently considered by the Fair Work Commission. In the case of Roderick Macdougall v SCT Pty Limited t/a Sydney City Toyota, Sydney City Toyota dismissed Mr. Macdougall for allegedly behaving aggressively towards and cursing or swearing at a customer. Mr. Macdougall, brought an application to the Fair Work Commission alleging that he had been unfairly dismissed. The Fair Work Commission took the view that Customer Service was a significant element of Mr. Macdougall’s role, and that his conduct represented a threat to the business of Sydney City Toyota, and that the Fair Work Commission rejected the claim for unfair dismissal.

This decision is somewhat different from the outcome of the Fair Work Commission’s decision in Symes v Linfox Armaguard Pty Ltd in 2012. In that case, the Fair Work Commission accepted that Mr. Symes conduct in swearing at a supervisor was not appropriate but came to the decision that it did not justify dismissal. Their decision was that Mr. Symes should be reinstated and paid compensation for the period of time that he was not working.

There are a variety of factors that will impact whether the Fair Work Commission or takes the view that dismissal for swearing at work is unfair or not.

For further advice or information regarding Employment Law matters please contact Ian Field.

Aylward Game Solicitors

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Frequently Asked Questions:

Can I swear at work without risking my job?

No, swearing at work can result in disciplinary action or even termination, depending on the circumstances. If your conduct represents a threat to the business or your role involves customer service, your employer may view swearing as a serious breach of conduct.

What should I do if I am dismissed for swearing at work?

If you believe that your dismissal was unfair, you may be able to make an application to the Fair Work Commission. However, the outcome will depend on the specific circumstances of your case, and you should seek legal advice from an experienced employment lawyer.

Are there any situations where swearing at work is acceptable?

In general, swearing at work is not considered acceptable behaviour. However, there may be some circumstances where the use of profanity is considered appropriate, such as in a high-pressure environment or when expressing frustration with a difficult situation. Nevertheless, employers have a duty to maintain a safe and respectful workplace, and employees should always exercise caution when using profanity.

Can I swear in emails or messages at work?

Profanity in emails or messages can also result in disciplinary action or termination, depending on the circumstances. As with any form of communication in the workplace, it is important to exercise professionalism and respect for colleagues, customers and the company’s values.

What should employers do if an employee swears at work?

Employers should have clear policies on acceptable workplace behaviour, including guidelines on the use of profanity. If an employee uses profanity in the workplace, employers should take appropriate disciplinary action, which may include a warning, suspension or termination, depending on the severity of the conduct. Employers should also ensure that all employees are aware of the company’s expectations regarding workplace conduct.