Latest / The Front / Swearing at work can get you sacked now
Transcript
- 0:05Speaker 1: From The Australian. Here's what's on the front. I'm Claire Harvey.
- 0:08Speaker 1: It's Friday, January thirty, twenty twenty six. Susan Lee is
- 0:15Speaker 1: expected to announce a new Liberal front bench in coming days,
- 0:19Speaker 1: as federal politicians prepare to return to Canberra for the
- 0:22Speaker 1: start of the parliamentary year. It might be Lee's last gasp.
- 0:26Speaker 1: She's got two right wing rivals coming for her job,
- 0:29Speaker 1: and the only thing holding them back is the fact
- 0:32Speaker 1: they can't agree on who's the best candidate this talk,
- 0:36Speaker 1: Lee's support is firming in the rest of the party
- 0:39Speaker 1: and even a suggestion the best choice might be a
- 0:42Speaker 1: more centrist candidate like Treasury spokesman Ted O'Brien. The Opposition
- 0:48Speaker 1: leader could be forgiven for dropping the old f form
- 0:50Speaker 1: in such a stressful time, but the rest of us
- 0:53Speaker 1: should watch our mouths. That's the obvious conclusion from a
- 0:57Speaker 1: case now playing out in the Federal Court where a
- 1:00Speaker 1: banker is fighting the bosses who sacked him for swearing. Today,
- 1:05Speaker 1: what are we allowed to say at work these days?
- 1:08Speaker 1: If we show up to work at all. Normally I say,
- 1:15Speaker 1: don't swear after this, but today we can.
- 1:18Speaker 2: Today we can.
- 1:19Speaker 1: Yeah, indeed, before we begin, there's a little bit of
- 1:25Speaker 1: swearing in this episode.
- 1:27Speaker 2: Gentlemen, you schnooks will now be targeting the wealthiest one
- 1:31Speaker 2: percent of Americans.
- 1:33Speaker 1: Talking about whales. Here we'by fucking Dix. Max Hison is
- 1:39Speaker 1: the Australian's banking reporter, and Max, you're reporting today on
- 1:42Speaker 1: an issue that's very close to my heart. Whether or
- 1:44Speaker 1: not we're allowed to swear at work. Now, you're a
- 1:47Speaker 1: Scotsman working in Australia. I don't think I've heard you
- 1:50Speaker 1: swearing in the office, but I'm pretty sure you'd be
- 1:52Speaker 1: capable of letting out a good stream of swear words.
- 1:54Speaker 2: Oh absolutely, but it's all just under the breath.
- 1:58Speaker 1: Tell me what did someone allegedly say that got them
- 2:02Speaker 1: in trouble at CBA.
- 2:05Speaker 2: So there was a chap called Bradley Duff who was
- 2:08Speaker 2: a property finance director within CBA's major client group, and
- 2:13Speaker 2: he's been sacked and he's suing the bank as a result.
- 2:17Speaker 2: He was sacked for allegedly standing over in inverted commas
- 2:21Speaker 2: a junior colleague and saying in a raised voice, do
- 2:25Speaker 2: you want to get the deal done or not? And
- 2:27Speaker 2: if you can't get it done, let me know. In
- 2:30Speaker 2: addition to that, he's alleged to have touched the same
- 2:33Speaker 2: colleague on the shoulder at another meeting and said, you
- 2:37Speaker 2: can do it with friendly encouragement. We are led to
- 2:40Speaker 2: believe while they couldn't determine whether there had been contact made,
- 2:45Speaker 2: mister Duff admitted saying at another meeting or to someone else,
- 2:49Speaker 2: calmed the fuck down. At one stage, CBA, while it
- 2:53Speaker 2: was getting an external firm to investigate, put him on leave.
- 2:57Speaker 2: The external firm and we don't know who they are
- 2:59Speaker 2: the un aimed in the court documents, but they upheld
- 3:03Speaker 2: the misconduct findings, and yes, mister Dove was sacked. Now
- 3:08Speaker 2: he's suing the bank. Mister Duff claims that none of
- 3:12Speaker 2: his behavior warranted misconduct, none of it was bullying, none
- 3:16Speaker 2: of it amounted to something that he should have been
- 3:18Speaker 2: sacked for. On the swearing front, and this is where
- 3:22Speaker 2: it gets interesting for bank watchers such as myself, he
- 3:27Speaker 2: said that it was commonplace from the most senior management
- 3:31Speaker 2: down at CBA to swear and to use swear words.
- 3:35Speaker 2: CBA of course denies this, but it's certainly quite an
- 3:40Speaker 2: interesting insight into the workplace.
- 3:45Speaker 1: I had people to say this swear while offering me
- 3:48Speaker 1: directions somewhere.
- 3:50Speaker 2: Oh yeah, take it back and right.
- 3:53Speaker 1: I think Australia has gotta be the only place where
- 3:56Speaker 1: the C word is considered a friendly greeting.
- 4:00Speaker 2: Are you going ag?
- 4:04Speaker 1: I would have thought it was obvious that everyone in
- 4:07Speaker 1: Australian workplaces swear. I don't know if that's just that
- 4:10Speaker 1: I've been hardened from years in newsrooms. But there is
- 4:13Speaker 1: change happening, isn't there. I mean, even in newsrooms which
- 4:16Speaker 1: were famously very sweary environments when you and I both
- 4:19Speaker 1: started our careers, you don't hear nearly so many fbombs
- 4:23Speaker 1: now as you might have in the past.
- 4:25Speaker 2: Oh not at all. I mean when I started back
- 4:27Speaker 2: in Fleet Street and the UK, you know, I heard
- 4:30Speaker 2: stories of metal bends being thrown at reporters who feeled
- 4:34Speaker 2: to get stories. But you know, I didn't witness any
- 4:37Speaker 2: of that myself. But it's definitely less a feature of
- 4:40Speaker 2: the newsroom than it once was.
- 4:41Speaker 1: There's also a difference between swearing in anger and swearing
- 4:46Speaker 1: for emphasis, or swearing for humor or swearing for stress relief,
- 4:50Speaker 1: isn't there? I mean, it doesn't seem to me as
- 4:53Speaker 1: though calm the fuck down, which is what this person
- 4:56Speaker 1: allegedly said, is necessarily problematic. This is also so not
- 5:00Speaker 1: just retail banking. This is high level, high stress deal making,
- 5:05Speaker 1: probably one of the most high stress occupations. You can
- 5:07Speaker 1: have huge amounts of money riding on the deals that
- 5:09Speaker 1: these people are doing. It was a favorite. Can you
- 5:12Speaker 1: tell me the yield you get out of that account
- 5:15Speaker 1: versus the hours you put in? Because this isn't a
- 5:18Speaker 1: fucking social club. I want to see it in dollars.
- 5:21Speaker 1: It's fucking pathetic. Otherwise, if there's no swearing allowed anymore,
- 5:28Speaker 1: Hollywood movies are going to have to be very different
- 5:30Speaker 1: the ones about finance, don't.
- 5:31Speaker 2: The Oh indeed, I mean it kind of beggars belief
- 5:35Speaker 2: that swearing wouldn't exist. He says in his statement of
- 5:39Speaker 2: claim that he was under huge amounts of pressure and
- 5:42Speaker 2: to court him had reached breaking point, and complaints about
- 5:46Speaker 2: this to his bosses fell on deaf ears. Traders I
- 5:50Speaker 2: speak to. My job isn't what it quite once was.
- 5:54Speaker 2: The high octane, incredibly masculine environments. They are dominated by
- 5:59Speaker 2: man the trading floors. But I think you'd be a
- 6:02Speaker 2: pretty safe bet to say there's still a lot swearing
- 6:04Speaker 2: that goes on on those floors.
- 6:06Speaker 1: Yeah, so maybe if your employer wants to get rid
- 6:09Speaker 1: of you, swearing might be something that you don't want
- 6:12Speaker 1: to have on your record just in case.
- 6:14Speaker 2: Yeah absolutely. I mean I reported on a case last
- 6:18Speaker 2: year which is actually out for judgment. A former A
- 6:21Speaker 2: and Z trader. He is suing the bank for unfair dismissal,
- 6:26Speaker 2: claiming that he was a whistleblower and was actually exposing
- 6:30Speaker 2: wrongdoing on the trading floor, whereas A and Z in
- 6:33Speaker 2: this case, they claim they sacked him for fouel messages
- 6:37Speaker 2: he shared with other traders. Those messages were read out
- 6:41Speaker 2: in core and all their excruciatingly offensive detail. But it
- 6:46Speaker 2: just shows you know, this stuff is quite commonplace and
- 6:49Speaker 2: you can be caught out of the sodas.
- 6:52Speaker 1: Are Australian banks is some of the economy's biggest employee.
- 6:56Speaker 1: Is the huge institution. Still, even though various CEOs are
- 6:59Speaker 1: trying to change that reality, working from home is an
- 7:02Speaker 1: issue where the banks are having to work out what
- 7:05Speaker 1: the new rules are these days. We've seen a decision
- 7:07Speaker 1: in recent days where a man who was employed under
- 7:11Speaker 1: a contract that said that he could work from home
- 7:14Speaker 1: before COVID has now had a finding that no longer applies.
- 7:18Speaker 1: The employer was within its rights to determine that that
- 7:21Speaker 1: wasn't the case, But it went the other way for
- 7:23Speaker 1: another bank, didn't it? Late last year? What was that case?
- 7:26Speaker 2: Yeah, indeed, this was in October and it was west Pac.
- 7:30Speaker 2: There was a woman, a mother of twins called Carlene Chandler.
- 7:35Speaker 2: She had worked in west PAC's mortgage team for I
- 7:39Speaker 2: think over twenty years and had kind of happily been
- 7:42Speaker 2: working from home to look after two girls who were
- 7:45Speaker 2: I think primary school age. At the start of last year,
- 7:49Speaker 2: one of her bosses requested that she come into the
- 7:52Speaker 2: office more often. I think it was a minimum of
- 7:55Speaker 2: maybe three days a week. She challenged this and suggested
- 8:00Speaker 2: an alternative, which was to work I think a couple
- 8:02Speaker 2: of days at a bank branch closer to her home.
- 8:05Speaker 2: The bank refused. She took them to the Fair Work
- 8:08Speaker 2: Commission and yes, she won, which was seen at the
- 8:12Speaker 2: time as quite a momentous decision. The bank defended its
- 8:16Speaker 2: position but ultimately decided not to appeal the case. Anthony Miller,
- 8:21Speaker 2: the Westpac CEO, was concerned for the employee because there
- 8:25Speaker 2: was a huge amount of press attention around her because
- 8:28Speaker 2: it was seen as this litmus test I guess for
- 8:31Speaker 2: getting people back to work post pandemic. But he kind
- 8:34Speaker 2: of said that he thought the bank had it right
- 8:37Speaker 2: and that you know, a policy of three days a
- 8:40Speaker 2: week in the office got the balance right between flexible
- 8:43Speaker 2: working and the benefits that he said that you see
- 8:47Speaker 2: from working together in an office.
- 8:53Speaker 1: Coming up, why bosses and workers are increasingly threshing it
- 8:58Speaker 1: out in courtrooms. We're at a real inflection point, aren't we,
- 9:17Speaker 1: as the economy recovers from COVID and now into a
- 9:20Speaker 1: new phase of high inflation, high cost of living, high
- 9:24Speaker 1: travel costs in particular, which means people don't want to
- 9:26Speaker 1: make the huge commute into the office. What's your sense
- 9:29Speaker 1: when these matters reach court of how tense things are
- 9:33Speaker 1: between employers and employees.
- 9:35Speaker 2: I think they're very tense. A lot of employees across
- 9:38Speaker 2: the country see these gains as they would see it
- 9:43Speaker 2: from flexible work that was brought on by the pandemic,
- 9:47Speaker 2: as quite hard fought rights, and to have them taken
- 9:51Speaker 2: away would really alter their life, especially people who have
- 9:56Speaker 2: young children or they've got caring responsibilities. The ability to
- 10:00Speaker 2: work from home, even fifty percent of the week makes
- 10:04Speaker 2: a huge difference to their lives. It's hard to say
- 10:08Speaker 2: a lot of people in corporate Australia have gone back
- 10:10Speaker 2: full time and that's often set from the top. But
- 10:15Speaker 2: if I was going to give my opinion, I think
- 10:17Speaker 2: flexible work is probably here to stay.
- 10:20Speaker 1: No one can here swear in you're in kitchen. The
- 10:23Speaker 1: problem is you end up like me, eating so much
- 10:24Speaker 1: peanut butter off the spoon that you have to come
- 10:26Speaker 1: back to work.
- 10:27Speaker 2: Exactly. It's a nutrition. The fridge is as is always tempting.
- 10:36Speaker 1: Max Aitchison, thank you very much.
- 10:37Speaker 2: Thank you.
- 10:41Speaker 1: Max Aitchison is The Australian's banking reporter. You can check
- 10:45Speaker 1: out all his stories right now at The Australian dot
- 10:48Speaker 1: com dot au