Mechanic loses job after losing it at work Christmas party
A mechanic who was sacked after losing his cool and abusing his boss during a work Christmas drinks function has lost his unfair dismissal claim.
The incident happened at Wisharts Automotive Services in Orange in New South Wales, which is a small family business that employs just five people.
The incident
Jeremey Ryman had been employed by Wisharts for just over three years when the incident happened.
The Commission heard that the owners of the business, Mr and Mrs Wishart had noticed Ryman’s “increasingly moody behaviour” in the lead up to the incident, but had not spoken to him about it.
On the last working day before Christmas, the Wisharts organised Christmas drinks for staff.
The Commission was told that a conversation took place between Ryman and Mrs Wishart, after she asked him what food and drinks he would like.
Both parties gave very different versions as to what happened next.
Ryman said he replied to the question with: “Nothing thanks, I think I’ll go.”
But Mrs Wishart said Ryman yelled: “I’m not fucking going because I’m not fucking drinking with fucking Captain Klepto!”
Employer’s version of events ‘fanciful’
Commissioner Ian Cambridge believed the employer’s version of events, ruling Ryman’s “level of cordiality” in his version was “so unrealistic as to be fanciful”.
“An examination of the applicant’s witness statement reads as if the applicant conversed in a manner displaying the courtesy and diplomacy of a Sunday school teacher,” he said.
Commissioner Cambridge found the outburst represented serious and wilful misconduct sufficient to justify the summary dismissal under the Small Business Fair Dismissal Code.
Small business can make fair dismissals
Industrial relations advocate Miles Heffernan said the case showed that small businesses can take action to dismiss an employee, if they believe their actions warrant it.
“What this decision shows is the Small Business Code does allow some flexibility for small businesses,” he said.
“Even if you are employed by a small business, if you are going to be abusive to your boss, then you can rightly expect to lose your job.
“It is yet another warning to employees to be on their best behaviour at work Christmas parties and functions, particularly if they are going to be consuming alcohol.
“Many a worker has lost their job thanks to unacceptable conduct at Christmas parties, usually fuelled by booze.”
If you have been unfairly dismissed from employment, you may be entitled to compensation or reinstatement.
But you only have 21 days to make a claim, so don’t delay!
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