- Published
A recent Fair Work Commission decision has confirmed that aggressive and intimidating behaviour including excessive swearing by a boss can result in a resignation being treated as an unlawful dismissal.
The case involved Mr Suhayl Ali, an electrician employed by DMG Building & Electrical Services Pty Ltd, a small business with around four employees. Mr Ali resigned on 27 November 2024 after raising concerns about the workplace culture and his treatment by the company’s director, Mr Darren Gemayel.
Before the recorded meeting that became central to the case, tensions had been building. Mr Ali had attended a mosque during work hours for prayer but while there, the company vehicle he was driving was involved in a minor collision in the mosque’s carpark. When Mr Gemayel found out, he was concerned that Mr Ali hadn’t been truthful about his whereabouts. Mr Gemayel said he was willing to allow Mr Ali time to attend the mosque for prayer but only if it was during lunch or if the time was discussed and approved beforehand.
In addition to these incidents, Mr Gemayel had asked Mr Ali to use his personal mobile phone to call clients on behalf of the business. Mr Ali refused, citing concerns about sharing his personal number. Mr Ali also testified that the Mr Gemayel had sworn at him on multiple occasions over the phone.
These issues led to a meeting on 25 November 2024, which Mr Ali secretly recorded. During the meeting, Mr Gemayel repeatedly swore and spoke aggressively, including:
“Are you f*cking serious?”
“You’re making me angry!”
“I don’t want any negative nancies running around my company f*cking becoming toxic to other blokes. It festers. What we do with those people, we f*cking weed them out... You need to be on the same page as everyone.”
Mr Ali gave evidence that the meeting was intimidating, stating Mr Gemayel raised his voice, interrupted him, and physically stepped toward him, making Mr Ali feel unsafe. He took a personal leave day the following day for mental health reasons and resigned shortly after.
While Mr Ali cited other issues such as safety concerns, missed entitlements, and general dissatisfaction in his resignation, the Commission found that the aggressive and intimidating meeting with Mr Gemayel was the real and operative reason for his resignation.
DMG argued that Mr Ali resigned voluntarily and that swearing was simply part of the workplace culture. While the Commissioner acknowledged that swearing is likely to be part of the everyday culture in some industries like construction and trades, they emphasised that aggressive and intimidating conduct crosses the line, particularly when it creates a power imbalance and makes an employee feel they have no choice but to resign.
Under section 386(1)(b) of the Fair Work Act 2009, a resignation is considered a dismissal if it was effectively forced by the employer’s conduct. The Commission found that was the case here.
But the case isn’t over yet. Now that the Commission has determined it was a dismissal, both parties will attend a formal conciliation. If it’s not resolved, the matter could go to a full hearing to determine compensation.
Read the full decision here – Mr Suhayl Ali v DMG Building & Electrical Services Pty Ltd [2025] FWC 1244
What This Means for Employers
In this case, the Commissioner acknowledged that swearing might be part of the everyday culture in blue-collar environments, and that DMG was a small business with no internal HR support. But that didn’t excuse the director’s actions. A lack of HR resources, formal training, or internal policies doesn’t protect a business from liability when things go wrong.
On the flip side, having HR support, policies, and procedures isn’t a get-out-of-jail-free card either, if the conduct itself crosses the line, employers can still face claims for unfair dismissal or bullying.
From an HR perspective, this case highlights a few key risks:
- Power imbalances between employers and employees can make it difficult for staff to speak up, especially in small teams.
- Tone and delivery matter, even if your message is justified.
- Workplace culture is shaped from the top down and one conversation can undermine trust, retention, and compliance.
If your team culture involves direct or blunt communication, or swearing, it’s important to clearly define what’s acceptable, especially during performance discussions or conflict. The right structure, support, and early intervention can help resolve issues before they become legal ones.
If you want support reviewing your performance management, workplace conduct, or need advice on managing difficult conversations, get in touch. Early intervention can help protect your business from costly disputes.
Every employee has the right to work in an environment that’s safe and free from offensive language.
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