Turns out calling your boss a wanker isn’t a sackable offence

An Aussie woman who challenged a company’s decision to sack her for calling her supervisor a “wanker” has scored a huge win.

An Aussie woman called her boss “a wanker” under her breath and in meetings with other colleagues and also labelled him a “misogynist” in phone calls with another employee, yet it wasn’t enough for her to be fired immediately, according to the workplace tribunal.

The Darwin woman was dismissed from her recruitment job earlier this year and launched a case at the Fair Work Commission seeking reinstatement.

While the Commission didn’t see fit for her to return to the labour hire firm Celotti Workforce where she had worked for over two years, she was awarded $6000 in compensation by the Fair Work Commission.

This was despite the Commission finding the woman’s unacceptable behaviour and foul language amounted to “gross insubordination” of senior management, “deliberate agitation” of colleagues and “persistent workplace bullying”.

However, the Commission stated that the woman was sacked without notice and it did not follow proper procedures of fairness, entitling her to compensation.

The woman admitted to calling her boss a “wanker”. Picture: iStock

Back in January, the woman arrived at work only to be told she was being stood down with pay while complaints were investigated. She then told her boss loudly in the office over the phone it was a “c**t act”.

Despite being told to leave immediately, she also told other staff members to “have fun in this shithole of a company girls”.

Just a week later she was fired by her employer after staff had complained about her obscene language, disparaging comments about management and for belittling and being disrepectful towards junior employees that the employer alleged amounted to workplace bullying.

Evidence heard at the Commission included that the 56-year-old would roll her eyes and allegedly mutter under her breath “you are a f**ing wanker” during morning meetings over video with the general manager of the company, who was based in Brisbane.

She also allegedly made comments to other staff members about the general manager such as “look at his pants, a real man would have a bulge”.

While the recruiter denied many of the allegations, she did confess to calling him a misogynist and wanker.

She wanted her job back. Picture: iStock

But she said was trying to protect younger staff members who she claims had alleged that their boss’ behaviour at the staff Christmas party had “creeped them out, and they felt uncomfortable around him”.

“They were not happy with the way he was touching their arms and putting his arm around them,” she told the Commission.

“I had been concerned at the way he was looking at the younger female members of the staff in the office prior to this event.”

The recruiter told staff she would protect them, adding “don’t worry about it, he is just a wanker”.

Yet staff had complained to management that the woman bullied junior employees, alleging she described one as “f**king bitth” and another a “little bitch”.

One junior employee gave evidence about how the woman would regularly burp or cough in her face and despite the staff member indicating she was upset, the senior recruiter “laughed on multiple occasions” about it, which the Commission found was credible.

Other staff members made complaints about her behaviour. Picture: iStock

The woman was sacked after she requested two more weeks to respond to allegations sent to her in a letter, but at the unfair dismissal hearing she denied “gross insubordination to senior management” or inappropriate behaviour that reached the threshold of “serious misconduct”.

She added that the termination had been a personal, professional and financial disaster for her, and had placed her in a situation in which she will struggle to find employment in a similar position owing to her age and the small workforce opportunities in Darwin.

However, the Commission found the she harboured particular “disdain” for her direct supervisor and actively sought to undermine his authority and management by making inappropriate comments around other Darwin staff.

The recruiter’s conduct was described as “divisive” and “intimidating” and “passive aggressive” towards junior staff and the foul language was unacceptable, providing a valid reason for dismissal, the Commission found.

The woman has not worked since she was sacked. Picture: iStock

However, Commissioner Paula Spencer ruled it did not meet the threshold for serious misconduct.

“It affected the wellbeing of the other employees of the workplace, contrary to the duty of care owed to them in their employment, but did not cause serious and imminent risk to the health and safety of employees or to the reputation, viability or profitability of the employer’s business,” she said in her judgment.

Commissioner Spencer also ruled that the dismissal was unfair due to procedural flaws, awarding the recruiter the equivalent of four weeks pay in lieu of notice.

The woman has not worked since she was fired from the position but Commissioner Spencer noted the woman’s failure to update her LinkedIn or Seek profile while job hunting was “inconsistent with a job search by a recruiter”.