Foul-mouthed boss' furious spray over electrician's prayer break backfires

Daily Mail​

5 days ago

An electrician feared for his safety and was forced to resign when his employer swore at him after he attended prayer at a mosque during work hours.
Suhayl Ali had no choice but to quit his job at DMG Building & Electrical Services in Melbourne due to his boss' conduct, the Fair Work Commission ruled on May 1.
Mr Ali joined the small firm of four employees on September 17 to work as an electrician providing maintenance and repairs to housing projects.
Over the two months he worked for the company, he alleged there were a series of fraught discussions with his boss Darren Gemayel.
This included concerns over whether Mr Ali must call clients on his personal phone, his rate of productivity, and a vehicle reversing into the company van while he was praying at a mosque during work hours.
Tension between the pair exploded in a meeting on November 25, which Mr Ali secretly recorded and was later played to the commission.
The director was heard calling Mr Ali 'deceitful' for not disclosing that he was taking time off during the working day to pray.
Mr Gemayel told Mr Ali: 'There's two things I can't f***ing tolerate its people who steal and people who lie. Right now you've done that'.
'I don't want any negative nancies running around my company f***ing becoming toxic to other blokes. It festers,' the director continued.
'What we do with those people, we f***ing weed them out.
'You need to be on the same page as everyone.'
Mr Ali told the hearing that when Mr Gemayel got angry, he raised his voice, made fists with his hands, and stepped towards him.
Mr Gemayel's conduct made Mr Ali feel scared and worried for his own safety, the commission heard.
The meeting ended with the director saying he would continue to work with Mr Ali, but he needed to be clear on what times he would not be available.
Mr Ali took personal leave the following day, texting Mr Gemayel: 'My mental health is not in the right place'.
The electrician resigned a day later and filed a general protections application in which he cited Mr Gemayel's conduct as a cause for quitting.
Commissioner Susie Allison ruled in Mr Ali's favour, finding he 'was forced to resign because of the conduct of Mr Gemayel', including during the meeting.
'I do not think that Mr Gemayel intended Mr Ali to resign,' she said.
'I want to acknowledge that Mr Gemayel is clearly an employer who cares about his employees and listens to their concerns.'
She also recognised Mr Gemayel runs a 'small business in a blue-collar environment' and relies on 'close, direct relationships with his staff'.
This meant 'speaking openly and frankly, and swearing is likely to be part of the everyday work culture', she said.
'Having said that... the language and behaviour directed towards Mr Ali at the meeting... is not appropriate or acceptable behaviour in any workplace.'
Commissioner Allison noted the electrician had been scared.
While she could not confirm Mr Gemayel's physical approach, she found him to be acting in an 'aggressive, confrontational and inappropriate way'.
Mr Ali had provided other reasons for his resignation, including DMG's business practices, complaints about his performance, and working conditions.
However, the commissioner chose not to fully consider them as they were deemed unnecessary given the conduct of Mr Gemayel in their final meeting.
Both parties will meet on Teams at a later date for a formal conciliation process.