No longer on the cuss of being fired

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This was published 11 years ago

No longer on the cuss of being fired

Bad language has increased in our everyday lives including in the workplace, writes Peter Munro.

With growing job insecurity across many industries and greater demands on employees, there is a fair chance the incidence of stress-related foul language in the workplace has increased. But how much cussing among colleagues is acceptable? And is it ever OK to tell your boss exactly what you think of him or her?

A decision by Fair Work Australia is likely to excite foul-mouthed employees everywhere and, according to linguistic experts, reflects a trend in many workplaces.

Swear words have lost their punch ... linguistic expert Kate Burridge.

Swear words have lost their punch ... linguistic expert Kate Burridge.

When Adam Haliman's boss asked him to work on the weekend, feeding tuna in the fishery where he had been employed for six years, he said no. More to the point, he told his manager to ''get f---ed''. ''I'm not working on the f---ing weekend,'' he added.

A few days later he was not working at all, having been fired from his $20-an-hour job in Port Lincoln, South Australia, for swearing at his boss. But when the matter was brought before Fair Work Australia, the tribunal found in favour of the foul-mouthed fish feeder.

Cursing your employer is not necessarily a sackable offence, the workplace relations tribunal ruled late last month, finding the summary dismissal of Mr Haliman by Marnikol Fisheries - without prior investigation or hearing - was harsh and unjust. While the language he used was concerning, the tribunal said it was telling that he swore at his manager for ''added emphasis'' rather than as a form of abuse.

Also relevant were his years of good service and his need to be home with his pregnant partner, who was due to give birth.

In a separate case last month, the workplace watchdog ordered Linfox Armaguard to reinstate a Brisbane security guard who was also sacked for telling his manager to ''get f---ed''.

So does this mean potty-mouthed employees need no longer hold their tongue? In the most recent case, the tribunal noted Mr Haliman, 41, felt not ''the slightest hesitation or embarrassment'' about swearing at his manager in March. His ''belligerent and inappropriate attitude when requested to work'', while not warranting summary dismissal, in fact contributed to his downfall.

''Getting the sack over a swear word is pretty harsh,'' he said last week. ''Everyone swears there, it's the fishing industry. We're not in an office or a teacher working in a school.''

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Fair Work Australia will decide whether to order Mr Haliman's reinstatement or compensation.

Mr Haliman said Marnikol Fisheries, which declined to comment, made it clear it did not want him back. Kate Burridge, a linguistic expert at Monash University, said many swear words had lost their punch. ''These words are regularly heard in the public arena … it's very hard to keep them out of the workplace,'' she said.

Swearing at the boss was increasingly tolerated by authorities in some work settings, workplace relations specialist Charles Power, a partner at Holding Redlich, said. ''It's still the case that it's employment death in white collar and professional environments to tell your boss to f--- off. But the cases show people are frequently found to be unfairly dismissed in environments where swearing is more commonplace,'' he said.

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