Log in or become a subscriber

A discussion that followed a heated workplace argument was "objectively clear" in addressing conduct standards, and wasn't intended as a dismissal, the Fair Work Commission has found.

Upholding the employer's jurisdictional objection to the unfair dismissal claim, Deputy President Alan Colman noted the employee had explicitly been given a choice between keeping her job and refraining from arguing, or leaving.

The case involved a heated argument on 26 March this year, among ATIV employees who were listening to Russian news on the radio.

In response to a comment that Russia had started the war with Ukraine, the Russian employee stated that Ukraine had started the war; her colleague then said the employee should go back to Russia, and made derogatory remarks about Russians.

A director intervened, telling the pair to stop arguing and pointing out that a customer who was waiting in reception had left the store due to their yelling...