WEBVTT - Is there swearing in your workplace?

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<v Speaker 1>So where does it's it? Can you swear at work

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<v Speaker 1>in the workplace? Wonderful? Three eighty two? Is it something

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<v Speaker 1>that happens at your workplace? We'd like to know. Mark

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<v Speaker 1>Brannigan is partner at major law firm Thompson Gear, a

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<v Speaker 1>trading boss wor at worker, and a tribunal has ruled

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<v Speaker 1>that it's not okay.

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<v Speaker 2>No, well, I mean he said, are you He said

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<v Speaker 2>that you can't say that, apparently, and then he went

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<v Speaker 2>on to say, can't say that. So these are words

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<v Speaker 2>that some people might say to each other in the workplace,

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<v Speaker 2>and some people really just go.

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<v Speaker 1>But if I said to you that was good ship

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<v Speaker 1>this morning, If I said that, like, is that the

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<v Speaker 1>point of it?

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<v Speaker 3>Is that allowed? That is that? Really?

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<v Speaker 1>Is that bad?

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<v Speaker 2>So this person said, are you effing serious? You're making

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<v Speaker 2>me angry. So that was enough for the tribunal to

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<v Speaker 2>say the Fair Work Commissions say, can't do that. I

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<v Speaker 2>can't talked to people like that.

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<v Speaker 3>Mark, good morning, Good morning jents. How are you good?

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<v Speaker 2>You work in a profession where it wouldn't be much

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<v Speaker 2>swearing below.

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<v Speaker 3>Well, there's always a bit of colorful language floating around.

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<v Speaker 3>I must submit, But I think that in relation to

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<v Speaker 3>the issue of swearing, it comes down to the context

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<v Speaker 3>in which it's spoken, So it's a question of degree.

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<v Speaker 3>So where we do have people that say, get frustrated

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<v Speaker 3>and drop the occasional expletive, I think that there can

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<v Speaker 3>be some sort of allowance for that, And there's probably

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<v Speaker 3>also the need to take into account the work environment

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<v Speaker 3>and even say the industry or the types of work

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<v Speaker 3>that's being done. So there tends to be that flexibility.

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<v Speaker 3>If you're on say a road maintenance crew that might

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<v Speaker 3>be a bit more earthy than perhaps say a church

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<v Speaker 3>choir gathering, then you know that needs to be taken

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<v Speaker 3>into account. I think the Fairwork Commission has allowed that

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<v Speaker 3>and recognize that in the past. But even so, even

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<v Speaker 3>if there is that sort of swearing, it may be

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<v Speaker 3>necessary to apply some form of discipline if a person,

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<v Speaker 3>say overstepping the mark. I think the question here with

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<v Speaker 3>this case was really where the swearing transformed into abuse

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<v Speaker 3>and that's simply not acceptable.

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<v Speaker 2>Right, But this pite was secretly filmed, so the guy

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<v Speaker 2>that was being abused was filming this person and they

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<v Speaker 2>used it as an evidence against their bosses. That fair guy, Well,

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<v Speaker 2>you shouldn't you tell someone that you're filming them.

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<v Speaker 3>Well, it's there is an issue about secret recording of conversations.

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<v Speaker 3>Each state actually has their own laws relating to that.

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<v Speaker 3>But in this case, the Fair Commission Fairwork Commission agreed

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<v Speaker 3>to allow that evidence in. And yes, that can create

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<v Speaker 3>a problem as to fairness, but I think that putting

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<v Speaker 3>aside the issue about whether or not the recording was

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<v Speaker 3>made properly, I think the issue is if those words

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<v Speaker 3>were made out that you can see how the sort

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<v Speaker 3>of swearing aspect veered into the area of abuse. Because

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<v Speaker 3>part of the issue here that was decided by the

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<v Speaker 3>Fairwork Commission was whether that abuse led to or effectively

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<v Speaker 3>force the employee to resign, which was the case, and

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<v Speaker 3>then did he then have a legal case because he

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<v Speaker 3>had resigned rather than being dismissed. And in this case,

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<v Speaker 3>the Fair Work Commission found in favor of the worker

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<v Speaker 3>against the employer. So it was very much colored by

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<v Speaker 3>the language and the evidence that came out through that

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<v Speaker 3>secret recording.

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<v Speaker 2>I don't know. I mean, there'll be a lot of

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<v Speaker 2>people that'll be worried now because there is quite a

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<v Speaker 2>bit of colorful language in the workplace, But as you say,

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<v Speaker 2>it depends on intent. The fin reviewed believed that there'll

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<v Speaker 2>be plenty of other cases where someone will have a

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<v Speaker 2>crack at someone for unlawful dismissal because of the fact

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<v Speaker 2>that they communicated poorly.

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<v Speaker 3>Well, yes, that's definitely the case. You can also have

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<v Speaker 3>cases made out for bullying, which is in breach of

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<v Speaker 3>the Fair Work Act. You could have language like this

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<v Speaker 3>that could even be seen as sexual harassment. In fact,

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<v Speaker 3>there's provisions in the Sex Discrimination Act prohibit exposing so

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<v Speaker 3>much to a hostile work environment, and that includes such

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<v Speaker 3>things as demeaning and degrading language. So look, the laws

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<v Speaker 3>that sort of surround the workplace now are obviously well

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<v Speaker 3>intentioned with policy to protect people. We all need to

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<v Speaker 3>be in a far more conscious than what might have

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<v Speaker 3>been acceptable, say twenty years ago. Hopefully that does lead

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<v Speaker 3>to a better workplace, but it is a bit of

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<v Speaker 3>a minefield, and certainly any employers, anyone in a business

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<v Speaker 3>where the colorful words are being thrown around, just needs

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<v Speaker 3>to be very very cautious about the impact on others.

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<v Speaker 1>Just for SEB and I, if we picking on someone

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<v Speaker 1>with small feet, Harry knows has botox injected into the

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<v Speaker 1>forehad area? Is there is there any issues with physical appearance,

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<v Speaker 1>like talking like that to our colleagues.

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<v Speaker 3>Well, in fact, they can be another ground of discrimination

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<v Speaker 3>where attributes to include a person's physical appearance. There thank

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<v Speaker 3>you under equal opportunity laws. So there's a lot there.

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<v Speaker 3>And it sounds like your description of some of my colleagues.

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<v Speaker 2>As thank your Branigan their partner at Major Law Thorn.

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<v Speaker 1>You use the language if you don't want to go

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<v Speaker 1>at someone and you use it, or if you just.

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<v Speaker 2>It's totally changed from the time I entered the workforce

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<v Speaker 2>for the time that I am in there, it's totally changed.

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<v Speaker 1>It has, but you can still as we do from

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<v Speaker 1>time to time, we can still use it in a

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<v Speaker 1>in a positive way.

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<v Speaker 2>So if I said to you when you joined our crew, right,

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<v Speaker 2>it's a robust environment. Okay, so you will hear some

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<v Speaker 2>profanity from time to time, don't be offended, don't take

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<v Speaker 2>it personally. Is that enough to exonerate you? Unfortunately, no,

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<v Speaker 2>you know, so if someone does take offense, that's when

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<v Speaker 2>you get into trouble. If no one takes an offense,

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<v Speaker 2>that's but the people can be overhearing conversations. But some

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<v Speaker 2>tire offers who are offended and can lodge a complaint

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<v Speaker 1>But sometimes too I think that if you do the wrong,

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<v Speaker 1>then do the right and admit you made a mistake

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<v Speaker 1>and apologize and go out of your way to make

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<v Speaker 1>sure that you address the issue and try to sort

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<v Speaker 1>it out before it gets to a fair work and

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<v Speaker 1>you force a person out and they have to go

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<v Speaker 1>to the commission to get what they want, or be

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<v Speaker 1>in a position where they feel the need to record

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<v Speaker 1>someone absolutely on