When Adam Haliman's boss asked him to work the weekend—feeding tuna their sardines at the Australian fishery that employed him for six years—Haliman didn't just say no. His angry reply contained two utterances of the word popularly referred to as the "F-bomb."
A few days later, general manager David Evans fired the foul-mouthed fish feeder from his $21-an-hour job at Marnikol Fisheries in Port Lincoln, South Australia, for swearing.
Fighting Back
Haliman brought his case to workplace arbitrator Fair Work Australia, which found in his favor. The tribunal weighed the fact that his partner was due to have the couple's baby that weekend—a fact Evans admitted he was unaware of when he fired him. The tribunal also took into consideration Haliman's years of good service to the company and found that the dismissal of Haliman without prior investigation or hearing was unjust.
Haliman "contributed to his downfall by adopting a belligerent and inappropriate attitude when requested to work," the Port Lincoln Times reported the tribunal ruled. But it then added: "There is no evidence of any performance concerns or concerns over the applicant's conduct prior to the events that precipitated his dismissal."
Is It Legal?
So can you fire—or fine—an employee for doing nothing more than swearing? A labor and employment law blog on Lawyers.com pointed out that the First Amendment usually doesn't protect an employee if the "profane speech offends workplace decorum."
Notes the blog: "Employment discrimination laws might, though. A white Philadelphia TV reporter is suing the station that fired him for using the N-word. He spoke the word in an editorial meeting about reportage of an NAACP mock funeral for the same."
What is your policy on swearing in the workplace?
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