We explain whether or not you can get fired for swearing in the workplace. The topic of swearing and whether you can be fired for swearing is much more complex these days. Moreso than ever before. This is evident in the case of Illawarra Coal Holdings vs Matthew Gosek where the applicant was dismissed for using language such as “f*****g dog”, “c***” and “dog c***” towards his fellow colleagues.
Example of a Fair Work Cases involving swearing
On appeal the Fair Work Commission provided consideration to all aspects of the case of Illawarra Coasl Holdings vs Matthew Gosek in their outcome.
In the Outcome the Commision states, “Having conducted the evaluative judgement that the discretion requires, and based on the findings I have made about the evidence as a whole before the Commission, I do not, on balance, consider the dismissal to have been harsh, unjust or unreasonable. In particular, I do not consider that the mitigating circumstances are so compelling as to render dismissal for what were serious acts of misconduct to be so disproportionate as to be harsh.
Mental illness may explain the misconduct in part, but the consumption of alcohol does not excuse it even if it also partially explains the behaviour.
The misconduct was at the higher end of the scale – involving threats specifically directed to individuals and not simply foul language. It was destructive of working relationships and inconsistent with the policies and values espoused by the employer. It was unwelcome. At the time, and to varying degrees subsequently, it upset and offended the recipients. Its workplace impact was ameliorated by the timely and contrite apologies and the spirit in which those apologies were, for the most part, received and accepted by some of the employees. The other mitigating factors relating to length of service and an unblemished prior record are weighty but on balance do not displace a sound, defensible and well-founded reason for dismissal.”
Can You Be Fired for Swearing?
Yes and no, as it depends on the circumstances. Swearing and the use of bad language is not explicitly considered to be serious misconduct under the Fair Work Act. You need to refer to your internal workplace policies and code of conduct. However, if you have been fired or dismissed, in some circumstances you could file for unfair dismissal.
There may be instances where swearing in a threatening manner could be reasonable grounds being stood down while your employer completes a workplace investigation. Provided you have been provided with procedural fairness around the investigation, if it is found that your swearing was connected with a threat of assaulting or abusing another employer this could lead you in hot water. In these instances, your behaviour could very well be deemed reasonable grounds for dismissal on the basis of serious misconduct.
Have You Been Unfairly Dismissed or Fired For Swearing?
If you have been unfairly dismissed due to swearing, dependant on the circumstances you may have a claim for unfair dismissal. Contacting our team for workplace advice will enable us to better understand the circumstances around the swearing and how we may be able to assist.
Resources & Guides for Employees
- Unfair Dismissal Victoria – Find everything you need to know about Unfair Dismissal in Victoria.
- General Protections Victoria – When it comes to General Protections this is your definitive guide.
- Workplace Advice Victoria – Offering leading advice, take a look at how we support employees.
- Constructive Dismissal Victoria – Forced to resign? Have you fallen victim to constructive dismissal and/or constructive bullying?
For more help and support contact our team on 1800 333 666.
