Log in or become a subscriber

The Fair Work Commission has backed a major employer's decision to "make a stand" against foul language at work, but has found its processes fell short when it disciplined a swearing employee.

In dispute resolution proceedings, the Commission heard BHP Coal stood down the employee in November 2020 pending an investigation into misconduct allegations. According to the employee, his requests to a manager for further information about the allegations were refused.

A few weeks later, the manager told the employee he was going on leave for a month and would deal with the investigation on his return. Despite the employee expressing concerns about the delay, he remained stood down over the holiday period, which he said was upsetting and ruined Christmas for his family.

In late January 2021, the employee received a letter outlining eight allegations, most of which related to comments he'd made at work "on an unknown date", but he told the manager he was unable to respond, as they were "vague, imprecise and undated"...