skip to Main Content
Queensland Health Worker’s Foul-mouthed Spray At Sister Leads To Sacking

Queensland health worker’s foul-mouthed spray at sister leads to sacking

A Queensland health worker has been sacked after unleashing a foul-mouthed spray at her supervisor, who also happened to be her sister.

The woman subsequently lost her unfair dismissal claim in the Fair Work Commission.

Foul-mouthed spray at sister leads to sacking

The Townsville Aboriginal and Islander Health Service sacked Regina Hussey in February last year.

The sacking followed an ongoing conflict with her supervisor (and sister) Lynette Anderson reaching boiling point.

The Commission found Hussey’s behaviour breached the organisation’s code of conduct, and therefore, the employer had a valid reason for dismissal.

Relationship between sisters soured over months

Hussey worked at the clinic as a health worker since June 2015 until her dismissal on 28 February 2018.

The relationship between Hussey and Anderson had soured over a number of months in the lead-up to the final incident.

It got so bad that Hussey sent an email requesting to no longer work at the same clinic as her sister.

Anderson told Hussey that is something that will need to be arranged through proper channels and in consultation with other staff.

Dispute over absence leads to foul-mouthed spray

On 8 January, Hussey failed to show up to the clinic – prompting a series of text messages from Anderson, who asked whether she had notified the workplace of her absence.

Hussey believed her previous email made it clear that she would not be attending the clinic on that day.

In a text message exchange between the two, Anderson told Hussey:

“You are still required to work until things have been discussed with other managers.”

In response, Hussey sent her sister a text message which read:

“Don’t you dare come near me or talk to me again I’m done with you”.

Hussey argued this was sent to Anderson in her capacity as sister, and not her supervisor.

In addition, the the Health Service CEO described Hussey as “angry, aggressive and inappropriate”, during a subsequent telephone conversation.

She also allegedly made threatening comments about her sister to the effect of “this is not f*cking over”.

The clinic subsequently suspended Hussey on full pay before sacking her on 28 February for a variety of reasons.

For example:

  • her relationship with her manager had broken down;
  • she failed to take reasonable direction from her supervisor; 
  • she had been abusive about Anderson to co-workers;
  • abusive to Anderson; and
  • she made threatening comments about Anderson to the CEO.

Commission critical of worker’s conduct

Commissioner Paula Spencer said Hussey’s failure to turn up to work, her “abusive and threatening language” in the phone call with the CEO, and her expression of frustration of Anderson to other staff breached the employer’s code of conduct.

As such, the “collective conduct” formed a valid reason for dismissal.

“The applicant’s non-attendance was a disrespectful way to deal with the grievance, and demonstrated her anger towards (Lynette) Anderson.

“The applicant had alternative ways to deal with her grievances, than to criticise the supervisor, absent herself, and demand a change in her contract.

“The conduct of the applicant was not to the appropriate required standard for the workplace.”


LEARN MORE

READ COMMISSIONER SPENCER’S DECISION HERE


The lessons

Industrial advocate Miles Heffernan from IR Claims said there are many lessons to learn from this case.

“As a worker, you cannot simply decide to not turn up to work without a valid reason, and without informing your employer about your absence at the earliest possible time,” he said.

“Secondly, never ever become abusive to co-workers or to supervisors or managers – it’s one of the quickest ways you’ll find yourself out of a job.

“Finally, beware of working with family – if you have a falling out in your personal life, all of a sudden it will be affecting your work life, and your employment could be put at risk.”


Call our team at Industrial Relations Claims today on

1300 045 466

To connect with us, please follow us on

 

Back To Top