Employer told worker his unacceptable behaviour could not happen in workplace after several incidents
The Fair Work Commission (FWC) recently dealt with an unfair dismissal application from a worker who was employed as a casual shop attendant.
In response, the employer raised the jurisdictional objection that the employer was a small business employer and the employer complied with the Small Business Fair Dismissal Code.
The case required the FWC to examine whether the employer's business was a small business, whether the employer complied with the Code, and whether the worker's claim was beyond the Commission's jurisdiction.
The worker was only employed for 14 months on a casual basis. Throughout his employment, there were instances of him making inappropriate comments to customers and coworkers.
These included repeatedly making comments to a coworker regarding body odour in a demeaning manner, and in late November or early December 2024, saying to a female customer who had a bottle of vodka, "Are you going to neck that right now?" That customer was extremely offended and telephoned the owner later that evening in tears.
On 28 February 2025, in response to a request by an elderly male customer for a case of beer from the cool room, on return from the coolroom the worker repeatedly said to the customer "give me a bit of sugar" and to "put a little extra on it" (meaning to say please) or the customer would not get the case of...
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