The sometimes difficult task faced by the Fair Work Commission in applying general principles to particular facts, and how one workplace might be different than another in context is seen from the following passage from an unfair dismissal case involving the use of foul language
“Generally, the employer will reserve the right to set expectations as to appropriate standards of conduct in communication within the workplace in the context of wider community standards, and with regard to the sensitivities associated with its own business. However, breaches of those expectations, once made out, must be considered and weighed within their particular factual matrix. Some breaches will be egregious and others less so. Particularly conspicuous or flagrant breaches may result in dismissal whilst breaches of a different order may warrant disciplinary responses of varying degrees.”
Hengst v Town and Country Community Options Inc. (2016) FWC 194 delivered 19 January 2016 per Richards SDP