Does this ruling path the way for a little more freedom of expression? Real names were used and although there was no slander - the comments weren't PC. Perhaps we've taken being PC too far, although is the alternative going to be worse?
A UNION delegate sacked for lampooning a Muslim colleague as a "bacon hater" on Facebook has won back his job. Glen Stutsel, a driver with transport giant Linfox, also abused two of his managers on the social networking website.
He had been discussing the habits of bears in a Facebook chat with another employee.
He also said: " ... I admire any creature that has the capacity to rip Nina and Assaf heads off, shit down their throats and then chew up and spit out their lifeless body!"
The two managers, Nina Russell and Michael Assaf, complained the comments were racially derogatory, sexual discrimination and harassment.
Linfox dismissed the 22-year veteran. But he won back his job with back pay after taking an unfair dismissal case to Fair Work Australia.
Tribunal commissioner Michael Roberts found Mr Stutsel's treatment was "harsh, unjust and unreasonable". Ms Russell had complained she was "deeply upset that an employee working within the contract I manage appears to have articulated in graphic detail what can only be described as my torture, mutilation and death".
"I find it both revolting and frightening that such a horrific comment has been made about me on a social networking website which is very much in the public domain and is heavily trafficked by my colleagues and direct reports. "In addition, I was concerned that Mr Stutsel's views would be deeply offensive to Mr Stutsel's site manager, Mr Michael Assaf, who is one of my direct reports and is a practising Muslim."
Mr Assaf said he was "horrified to see that Mr Stutsel had made comments of a religious nature on Facebook".Mr Stutsel maintained his Facebook account had "maximum privacy restrictions" and was not at the time "open to the public". He denied making racist remarks and making a statement about Ms Russell that amounted to sexual discrimination or harassment.
Mr Roberts was told the reference to "bacon hater" was not an expression of racial hatred but was "totally inappropriate and totally regrettable workplace banter".
The bear comments contained "no real threat of violence towards any managers" and were no more than an expression of some antipathy and hostility. Mr Roberts found Mr Stutsel was not guilty of serious misconduct and there was no valid reason to sack him.
"I have concluded and find that the termination of Mr Stutsel's employment by Linfox was harsh, unjust and unreasonable," he said.
"I find that an order for compensation is required to achieve a just outcome for Mr Stutsel."
http://www.dailytelegraph.com.au/news/s ... 6227991253
