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Abusive behaviour in the workplace
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Swearing at Work: Where do you draw the line?
Swearing is relatively common in the modern workplace. Workers become frustrated over various things or at people, people get hurt, and anger sometimes occurs in the workplace.
Using some foul language is almost always part of the general workplace culture, but when it is deemed offensive enough to warrant termination? Where should employers draw the line?
Factors that affect swearing in the workplace
• The culture of the workplace – i.e. how common is swearing
• How is the swearing used – is it a verbal attack or used to only add colour to a statement
Workplace Culture
Workplace culture is often determined by the type of workplace. For instance, transport, mines, and factories are businesses
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Smith, the employee, was terminated for swearing at his supervisor via a series of phone conversations. The commission found that his language didn’t warrant termination, though they acknowledged that it was unacceptable behaviour. The bottom line is that it isn’t uncommon for swearing to occur in that industry and firing him was deemed unfair by the Commission.
Verbal Attacks
In the Smith v Aussie Waste Management Pty Ltd case, the Fair Work Commission also deemed that Mr. Smith’s bad language wasn’t a verbal or physical attack on his supervisor.
When the swearing is part of a verbal or physical attack on another coworker or supervisor, then it is an acceptable reason to fire an employee.
• The Fair Work Commission was the Horner v Kallis Bros Pty Ltd case in 2016. In this situation, Mr. Horner used the f-bomb numerous times directed at his supervisor even after asked to stop swearing. Even though the Commission recognized that swearing is part of this work culture, they deemed Mr. Horner’s foul language as abusive towards his supervisor, which constitutes disciplinary action, which in this case was dismissal from his job. One of the determining factors was how the f-word was not used only as an adjective, but in an obviously aggressive manner towards a supervisor. Therefore, his was deemed fair by the
Matthew went to the school's hearing officer for a review of the disciplinary action. The examiner determined that the speech fell within the ordinary meaning of "obscene," as used in the disruptive-conduct rule, and affirmed the discipline in its entirety. Fraser served two days of his suspension, and was allowed to return to school on the third day.
through a public way online, which seemed very unprofessional. I think the outcome of her getting fired
McKenna violated the Title VII of the Civil Rights Act and was completely liable for his actions. Similar cases such as Burlington Industries, Inc. v. Ellerth & Faragher v. City of Boca Raton(1998) – Employer is always liable when a hostile environment is created by a supervisor that results in tangible employment action (e.g., termination). It is a also evident from the case of Harris vs. Forklift (1993)- psychological damage not necessary for illegal “hostile or abusive environment” that a “reasonable person” would find hostile or abusive support that Mr. Mckenna is liable.
This case involved a public high school student, Matthew Fraser who gave a speech nominating another student for a student elective office. The speech was given at an assembly during school as a part of a school-sponsored educational program in self-government. While giving the speech, Fraser referred to his candidate in what the school board called "elaborate, graphic, and explicit metaphor." After his speech, the assistant principal told Fraser that the school considered the speech a violation of the school's "disruptive-conduct rule." This prohibited conduct that interfered with the educational process, including obscene, profane language or gestures. After Fraser admitted he intentionally had used sexual innuendo in the speech, he was told that he would be suspended from school for three days, and his name would be removed from the list of the speakers at the graduation exercises.
obscene language and actions that were not appropriate behavior for an adolescent. In 1960, a teacher in Tulsa, Oklahoma, was fired for
An employee found to have participated in any type of unlawful harassment or who knowingly and falsely accuses another of harassment will be subject to appropriate disciplinary/corrective action up to and including
As many of you have heard, an incident happened on our New Year Holiday Party, which I did not attend. One of our board member, Ms. Alexa Burnett, proposed unacceptable comments to a female radio host with discriminatory attitudes, while Alexa did not apologize to that radio host. Based on our code of diversity and inclusion, the comments are not acceptable, and any discriminatory statements will not be permitted in our community. Accordingly, based on the policy of conducts that “The employee should be responsible for one’s personal behaviors and comments
In this situation, it’s obvious Brant’s supervisor lacked the skills and ability to handle this conversation appropriately. Instead, Brant was belittled and taken on an emotional journey that will leave him bitter, angry, and his performance will deteriorate quickly. The disconnect in the situation is the leadership didn’t understand the implications from mishandling the situation. Research on communication and the employee voice have proven when these are flowing positively there is a positive correlation with the effectiveness in the department (Deter, Burris, Harrison & Martin, 2013). The HR leader involved in this situation needs to look at developing training options that focus on creating an awareness within the leadership team about the employee voice. If the internal training options are not adequate the HR leader should seek out a strong third party vendor who can provide spot training for problematic leaders while the internal training is developed. This could add cost to the organization but would be far cheaper than responding to a litigation
Yes, the comment made by Taylor to Smith in the men’s room, “You agree with me, don’t you? She’s a fox”, is already a harassment. Sexual harassment does not only pertain to “quid pro quo” in a company. According to US Equal Employment Opportunity Commission, “Harassment does not have to be of a sexual nature, however, and can include offensive remarks about a person’s sex. For example, it is illegal to harass a woman by making offensive comments about women in general”. (US EEOC). As a manager, Smith, Taylor and Shayer is also held responsible for their actions even outside of work environment. If the conversation outside of work regarding an individual that they work become uncomfortable, Smith should say something about it to stop the conversation and then remove himself from the
Verbal harassment is offensive and harmful. Authorities should take the situation lightly, but should treat it the same as any other type of harassment. No one should accept it for any type of reason, especially not a job. Therefore, before telling that dirty joke by copy machine, ask the people around do they find sexual jokes offensive.
Workplace violence is any action or verbal menacing with the intent to inflict physical or psychological violence on others. The US Department of Labor defines workplace violence as “An action (verbal, written, or physical aggression) which is intended to control or cause, or is capable of causing, death or serious bodily injury to oneself or others, or damage to property. Workplace violence includes abusive behavior toward authority, intimidating or harassing behavior, and threats.”("Definitions," n.d.)
Have you ever encountered a person so rude that it negatively affected the rest of your day? If you have, then imagine that you get to work with that same person for 8 hours a day for most of your adult working life. It’s a terrible thought isn’t it? Rudeness in the workplace is common and the occurrence is rising. In fact when thousands of workers were surveyed, ninety-eight per cent (98%) of them have reported experiencing rude or uncivil behavior in the workplace on a weekly basis. Millennials are the new players in the workplace and keeping them in it is a must to keep your company afloat in the 21st century.
In the workplace employees should always present themselves in a professional manner. Employees and employers should meet certain standards of behavior in respect to everyone involved in a workplace environment. In most organizations there is a code of conduct provided to employees. This lets them know what behavior is acceptable and what is not acceptable in the workplace. Some organizations and definitely professional ones, the employees must sign documents that they are agreeing to the terms of the organization and if they violate them they will face consequences.
Many managers want their work environment to be a positive work environment where everyone can learn and grow. “Perception, whether right or wrong is real to the person perceiving it. To avoid misperceptions, avoid using foul language altogether” (Hofflund). Many workplace environments are centered around perception and misperceptions, which are directly related to how people talk to each other. Bill Poymero, a spokesman for Xcel Energy-Cheynne Light, said that the company had no tolerance for profanity in their workplace.
There are many cases and reports of violence in the workplace whether the perpetrator is a co-worker, a boss, or even a stranger. In fact, 45 percent of workers have been bullied at least once in their workplace and of these people, 24 percent of them were bullied by co-workers, 23 percent of them by managers, and 34 percent of them were by higher managers and people external to the company (Workplace Violence Prevention). The type of violence in the workplace varies as well from sexual assault, physical assault, or verbal assault. The effects of this on workers can result in developing mental health issues, lowering productivity within the organization, and starting to create a negative hierarchy or connection in the workplace between managers