Log in or become a subscriber

Attempting to recast racially offensive language as a "linguistic misunderstanding" doesn't negate its effect on colleagues and the workplace, the Fair Work Commission has noted in upholding an employee's dismissal.

Taken together, the employee's repeated use of "the 'N' word" and his conduct during a workplace altercation constituted a valid dismissal reason, Deputy President Bryce Cross found.

In May this year, Fine Steel summarily dismissed the machine fitter for misconduct. It found, among other things, that he used inappropriate language at work, including "retaliatory terms" such as "Black c**t", and escalated an altercation with a colleague.

The employee claimed unfair dismissal, denying he used the term "Black c**t" or repeatedly said the N-word. Rather, he said "Negah" – a "Persian/Farsi greeting/colloquialism" – in private conversation with another worker, he asserted...