When does “workplace banter,” jokes, pranks, or general horseplay cross the line into bad behaviour that justifies dismissal? In this article, we look at unfair dismissal cases from the Fair Work Commission and overseas where employees were fired for everything from swearing and casually racist remarks, to farting and even impersonating Michael Jackson.
This story was detailed in the unfair dismissal NSW case Nathan Woods v Jetstar Airways Pty Ltd [2023].
Nathan Woods worked as a maintenance engineer for Jetstar. His downfall began in April 2021 when his subordinate, Kristian Troyak, alleged that Mr. Woods was bullying him. This triggered an investigation into Mr. Woods’ conduct at Sydney Airport, which uncovered a series of racial remarks related to Covid.
On 12 July 2021, while discussing lockdowns, Mr. Woods stated that residents of Fairfield were responsible for spreading Covid because they “pretend they cannot speak English.” When challenged by a colleague of Chinese background, Mr. Woods replied: “I lived there, they’re Asians, I know what they’re like.” In another incident, Mr. Woods told a colleague of Filipino descent that his smile “reminded me of the Bali Bomber.” This was in reference to the convicted terrorist involved in the 2002 attacks.
More crew members came forward with complaints of Mr. Woods’ behaviour. It was alleged that he frequently used extreme profanity toward his team. In one instance, a junior staff member asked a technical question about aircraft parts. Mr. Woods waited for him to leave, before stating: “what a dumb c*nt.” Another employee alleged that Mr. Woods referred to a colleague as a “f*cking dumb c*nt” in response to a request to use a Qantas hangar.
Jetstar also discovered that Mr. Woods had been aware of “egregious” conduct by Mr. Troyak but had failed to report it. This included allegations that Mr. Troyak regularly displayed an erection and rubbed it over his pants in front of colleagues. He was also accused of regularly passing wind in front of staff and making jokes about “gas chambers” to a Jewish colleague. Mr. Woods only reported these matters months later after he was already under investigation himself. The Fair Work Commission later described this as an attempt to “undermine” his accuser. On 22 December 2021, Jetstar decided Mr. Woods would face termination of employment.
In his Fair Work unfair dismissal claim, Mr. Woods made several arguments as to why he had faced unjustified termination of employment:
Mr. Woods’ Fair Work unfair dismissal claim was heard by the Fair Work Commission in 2023. The Commission rejected the idea that the investigation was unfair, noting that it is common for more allegations to surface once a probe begins. It slammed Mr. Woods’ habit of “refuting the premise” of questions during the investigation. The Commission described his responses as “disingenuous” and “obfuscatory.”
Regarding the Fairfield remarks, the Commission found they were a clear breach of discrimination policies, noting that Mr. Woods had stereotyped an entire community based on race. The Commission didn’t find the “Bali Bomber” comment was technically “racially motivated.” However, it said that the comment was “unflattering and weird” and a breach of the requirement to treat staff with respect.
Mr. Woods’ Fair Work unfair dismissal claim was heard by the Fair Work Commission in 2022 and 2023. It found that his termination of employment was justified for the following reasons:
Ultimately, the Commission found that there were multiple valid reasons for the termination of employment. Mr. Woods’ Fair Work unfair dismissal claim was thrown out, with the Commission concluding that Jetstar had provided a “fair go all round” in its decision to fire him.
In 2025, two London police officers were fired and permanently barred from the Metropolitan Police for their bad behaviour. Both incidents involving the officers took place around August 2021. In the first incident, officer Wayne Sansom approached a female officer and asked her to “pull his finger.” When his colleague declined doing so, Mr. Sansom reportedly turned his back, stood on his toes and passed wind directly in her face from a distance of just 10–15 cm.
At his unfair dismissal hearing, Mr. Sansom admitted to the “remark” but denied actually breaking wind. However, the UK employment tribunal found the physical act proven, ruling that his attempt at humour was “misplaced and inappropriate.”
Not long after Mr. Sansom’s incident, his Metropolitan Police colleague Ben Jeffries got into trouble. During an Extinction Rebellion protest, a female officer handed Mr. Jeffries her mobile phone so he could use her Apple Pay to purchase water for the team.
When the phone was returned, the officer noticed the camera app was open. Upon checking her gallery, she found a photograph of Mr. Jeffries’ testicles. When confronted with the “disgusting” act, Mr. Jeffries showed a complete lack of remorse. The employment tribunal heard how he had asked his colleague, “Why are you getting offended? It’s just a picture of my balls.”
At the officers’ unfair dismissal hearings, the UK employment tribunal heard about the culture of discrimination at the Metropolitan Police. In December 2021, after a call-out involving Romanian citizens, Mr. Sansom was heard calling the individuals “f*cking d*ckheads.” When a colleague pointed out his apparent bias against Romanians, Mr. Sansom told the female officer, “That’s not true… I would put my d**k in you.”
Mr. Sansom was also accused of questioning the officer’s sexuality and calling her a “lesbian.” Meanwhile, Mr. Jeffries was found to have targeted a black female colleague with racially motivated “jokes.” On one occasion, he held a door shut and told the officer he thought she was going to “start screaming Black Lives Matter.” He also mimicked punching the same officer while chanting the movement’s name.
In August 2025, a UK employment tribunal awarded a warehouse worker over £8,000 after he was unfairly dismissed for making a range of unusual sounds. Manchester-based Lucasz Zawadzki had been working in the warehouse of the Co-operative Group for over a decade. In December 2023, a colleague complained that Mr. Zawadzski had been making inappropriate noises for roughly two years.
The colleague said that he had been making high-pitched “hee-hee” sounds that sounded like those made by Michael Jackson. More seriously, the colleague, who was black, alleged that Mr. Zawadzski had also made “inappropriate monkey noises” towards him. Co-operative Group launched an investigation. During an interview, one staff member attested that Mr. Zawadzski would regularly make “stupid orgasm noises.”
When Mr. Zawadzski was interviewed, he acknowledged that his grunting and moaning noises could be described as “orgasmic.” He also admitted that they were inappropriate. However, he strictly denied the accusation of racism or making monkey noises. He maintained that he had no intention to bully or hurt anyone. Mr. Zawadzski said that the colleague never previously mentioned being offended by his behavior during their long history of working together.
A review of CCTV footage did not corroborate the complainant’s claim that the monkey noises were witnessed by another staff member. Despite this, Co-operative Group decided Mr. Zawadzski would face summary termination of employment for serious misconduct. The company cited the “Michael Jackson noises” and “orgasmic” noises as the reasons. It said that such behaviour violated its bullying and harassment policies.
At Mr. Zawadzski’s unfair dismissal hearing, the tribunal ruled that his termination of employment was procedurally flawed and legally unfair. Although the Co-operative Group cited a zero-tolerance policy regarding such behavior, the tribunal found that Mr. Zawadzski was never provided with a copy of this policy nor had he received any training related to it. It noted that he had never been given a single warning during his 10 years at the company.
The tribunal therefore concluded that he could not have known that his “juvenile” conduct could lead to immediate termination. It also found that Co-operative Group did not have any evidence that Mr. Zawadzski made racist noises or that they constituted bullying and harassment. The tribunal also noted a lack of transparency in the decision-making process. It was unclear who had actually made the final decision to proceed with the termination of employment.
Finding Mr. Zawadzski had been unfairly dismissed, the tribunal ordered his employer to pay him £8,541 (around AU$16,000). This was after it applied a 50% reduction due to Mr. Zawadzski’s “culpable and blameworthy conduct.”
1. Can “blue collar banter” be a defense against a dismissal for swearing?
It depends on whether the swearing is “general” or “targeted.” The Fair Work Commission has previously ruled that dismissal for swearing may be unfair if the language is part of the common culture of the workplace and not directed at a specific person in an aggressive way.
However, as seen in Nathan Woods v Jetstar Airways [2023], “blue collar culture” is not a defense for language that is discriminatory, racially motivated, or used by a supervisor to “harshly denigrate” subordinates. The Commission increasingly views targeted verbal abuse as a breach of health and safety, as it can discourage staff from seeking help or reporting errors.
2. Can I be fired for failing to report a colleague’s misconduct?
Yes, especially if you are in a supervisory role. In Nathan Woods v Jetstar Airways [2023], the Commission ruled that a supervisor’s failure to report “egregious” sexual harassment by a subordinate was a valid reason for termination.
3. How does “contrition” affect an unfair dismissal outcome?
Contrition, or showing genuine remorse and honesty during an investigation, can be a major factor in Fair Work cases. In Nathan Woods v Jetstar Airways [2023], a subordinate facing sexual harassment allegations kept his job because he was honest and contrite.
However, his supervisor’s (Mr. Woods) responses to separate allegations were deemed “disingenuous.” At his Fair Work Commission hearing, this lack of contrition weighed against him and contributed to the ruling that he had faced justified termination of employment.
Read more: Satanic Rubber Duck Prank Ends in $15K Unfair Dismissal Payout
If you believe you have faced unlawful termination or unfair treatment by your boss, we are here to help. Australian Workplace Discrimination Representatives provides expert representation for employees across Australia in Fair Work general protections claims, unfair dismissal matters, discrimination and sexual harassment disputes. We have a proven track record of holding employers to account stretching back 20 years.
Strict 21-day deadlines apply for most Fair Work claims. Contact us now on 1800 333 666 for a free and confidential consultation about your situation.
