I was fired for calling my boss a ‘w****r’ but I took them to court and WON

I was fired for calling my boss a ‘w****r’ but I took them to court and WON

December 13, 2021

A WOMAN who was sacked for calling her boss a "w*****" has won £3,200 in compensation after taking the company to court.

The senior recruiter said she was fired unfairly and appealed for her job back at Celotti Workforce in Darwin, Australia, but does not regret insulting her boss.

According to News.com.au, the 56-year-old woman allegedly called her boss the rude word under her breath, which ended up seeing her get fired from her position.

The senior recruiter was suspended and then fired after staff complained she had used obscene language and made negative comments about other junior employees.

She appealed to the Fair Work Commission seeking reinstatement and said it was a case of unfair dismissal.

While the Commission didn’t see fit for her to return to the company – where she had worked for more than two years – she was awarded £3,200 in compensation.

Despite the Commission finding the behaviour to be “gross insubordination”, it stated that the woman was sacked without notice and the company did not follow proper procedures of fairness.

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Evidence heard at the Commission included that the 56-year-old would roll her eyes and allegedly mutter under her breath “you are a f***** w*****” during morning meetings.

They also declared she was guilty of "deliberate agitation" of colleagues and "persistent workplace bullying".

The women denied the claims of what she had said to colleagues including, "look at his pants, a real man would have a bulge," and rejected calling a junior colleague a "little b***h".

While the recruiter denied many of the allegations, she did confess to calling him a "misogynist" and "w****r". saying was trying to protect younger staff members.

She claims other staff had alleged that their boss’ behaviour at the staff Christmas party had “creeped them out, and they felt uncomfortable around him”.

She told the committee: “They were not happy with the way he was touching their arms and putting his arm around them.

“I had been concerned at the way he was looking at the younger female members of the staff in the office prior to this event.”

The recruiter told staff she would protect them, adding “don’t worry about it, he is just a w****r”.

'A DISASTER'

Celotti Workforce was found to have not followed the correct procedures, awarding the woman four weeks' pay in compensation.

Commissioner Paula Spencer added how the incidents didn't go above the threshold for serious misconduct.

She said: "It affected the wellbeing of the other employees of the workplace, contrary to the duty of care owed to them in their employment, but did not cause serious and imminent risk to the health and safety of employees or to the reputation, viability or profitability of the employer's business."

Since the incident, the woman has not found work but the Commissioner suggested she might not have updated her online profiles.

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