Do workplace safety concerns justify unprofessional communication?
The Fair Work Commission (FWC) recently dealt with an unfair dismissal application from a worker who was terminated following a pattern of inappropriate workplace communications.
The case centred on whether the worker's dismissal was harsh, unjust or unreasonable under section 387 of the Fair Work Act 2009.
The worker argued his communications were justified responses to safety issues, claiming he experienced fatigue due to missed meal breaks that once led to a car accident.
He also attributed his communication style to neurodevelopmental conditions and suggested the employer was retaliating against him for raising legitimate concerns.
Despite these arguments, the FWC needed to determine if the worker's manner of raising these issues—particularly through inappropriate comments in official records—warranted dismissal, or if the employer had acted unfairly in terminating his employment.
The worker had been employed as a sleep technician at Mater Misericordiae Ltd since February 2022 and was dismissed in June 2024. His dismissal followed multiple incidents, beginning with describing nurses as "primates" in a Microsoft Teams message about meal breaks.
In this message, the worker wrote: "The nurses can't discern what's happening with the studies anyway. They're basically a primate with an assumed ability to call a code if something occurs... Perhaps we can find an alternative...
NEW HAVEN, Conn., June 18, 2025 /PRNewswire/ -- Wiggin and Dana is pleased to announce the launch of its new False Claims Act (FCA) Defense and Compliance Practice Group, created in response to a s...