Tradie 'forced' to quit job after boss's controversial act

Yahoo

25-06-2025

The Fair Work Commission has found a tradie was 'forced to resign' from his job after his employer swore at him during a secretly recorded meeting about his performance. A workplace lawyer said the issue 'cuts both ways' with both employees and employers potentially able to take action if they face swearing at work.
Commissioner Susie Allison found that while swearing was likely to be a part of the 'everyday work culture' of the tradie's employer, Melbourne small business DMG Building & Electrical Services, the language and behaviour directed at him were 'not appropriate or acceptable behaviour in any workplace'. She said the worker was 'reasonably concerned for his mental and physical safety' and had no 'real choice' but to resign.
McCabes Lawyers principal Tim McDonald told Yahoo Finance the case raised issues for both employees and employers.
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'This sort of issue cuts both ways. It's a precedent in the sense that if there is swearing and so forth, yes, an employee can be entitled to take it that that type of behaviour can force them to resign,' he said.
'But on the flip side of the coin, it would also be the case that if a worker was engaging in that type of behaviour then it would be reasonable for the employer to treat it as a valid reason to terminate the employee.'
McDonald said the decision suggested the 'standards of behaviour' had changed and what might have been acceptable in the past was no longer acceptable today.
'It doesn't really matter what industry you're in, and even if you're in the construction industry what might have been okay 20 years ago, may not be the same,' he said.
The tradie had started working at DMH Building & Electrical Services in September, 2024.
The commission heard the DMG director had raised concerns about the tradie's work levels, along with his undertaking of religious prayer during work hours without informing the company.
The worker alleged there was a series of discussions where his boss swore. That included discussions over the worker using his personal phone to contact clients and a vehicle reversing into his company van while he was at a mosque.
The worker made a secret recording of his performance meeting with the director in November, where the director raised his voice and swore at him.
The boss raised concerns that the worker was 'self-absorbed' and 'not a team player', and said his not revealing he was taking time off to pray was 'deceitful'.
'There's two things I can't f***ing tolerate, its people who steal and people who lie. Right now you've done that,' he said.
'I don't want any negative Nancys running around my company f***ing becoming toxic to other blokes. It festers. What we do with those people, we f***ing weed them out... You need to be on the same page as everyone.'
The meeting ended with them discussing how the worker might take time off for his religious practices and make up work time. The director told the worker he was willing to work with him, but he needed to be clear on what times he would not be available.
But the next day, the tradie took personal leave due to mental health reasons. He then resigned the following day, alleging bullying, poor treatment and serious safety concerns.
DMG denied any inappropriate behaviour, with the director stating he addressed the situation in a normal manner that he would with any other employee.
Commissioner Allison ruled in the worker's favour.
She said she did not think that the boss intended the worker to resign. She acknowledged he was an employer who cared about his employees and listened to their concerns, including being open to flexible work arrangements.
Having said that, she said the language and behaviour was 'not appropriate or acceptable' and noted that they did not approach each other 'on a level playing field' as employer and employee.
She found the director was acting in an 'aggressive, confrontational and inappropriate way' that was likely to make the worker feel intimidated.
The matter will now proceed to mediation.
McDonald said there could be actionable consequences for swearing in the workplace.
If it falls into bullying, workers would have the right to seek orders from the Fair Work Commission if they were staying in their employment.
'This case would suggest that if there was a pattern of behaviour that was so terrible that it forced you to resign, then you could do that and say you were forced to resign and seek damages from the employer,' McCondald said.
'The other thing is where there is that type of inappropriate behaviour, you could bring in Safe Work alleging that there is a psychosocial hazard in the workplace.'