“Attention Idiots” – Sacked Worker Tees Off on Fair Work Commission

In a lesson in how not to interact with the Fair Work Commission (FWC) an applicant pursuing a dismissal claim repeatedly insulted a Presidential Member while failing in a bid to have the Member recuse himself from dealing with the case.

What happened

After being dismissed by his employer, the applicant lodged a general protections dismissal claim with the FWC under section 365 of the Fair Work Act.  The matter was listed for conference before Deputy President Roberts of the FWC.  Three days before the conference, the applicant wrote to the FWC seeking the conference be adjourned so he could obtain legal representation. 

When the conference commenced, Deputy President Roberts asked the applicant whether he continued to seek an adjournment to obtain legal representation and the applicant indicated said he did.  Deputy President Roberts informed the applicant that permission was required for a party to be legally represented.  The applicant objected to the presence of the employer’s in-house lawyer, but Deputy President Roberts advised that the lawyer did not require permission to appear as she was an employee of the employer.  The applicant then sought an adjournment of 30 days to obtain representation.  The Deputy President granted an adjourned of 7 days.  The applicant then said, “Australian Government at work.  Good one, dip-shit” and left the conference.

The applicant subsequently made an application for the Deputy President to recuse himself on the basis of apprehended bias. In response to directions the Deputy President made for the filing of further material in support of the recusal application, the applicant sent an email to the Commission in the following terms:

Attention Idiots,

Yes I confirm I am relying on the material contained in the F1 form provided TWICE already.

Now if you please I’ve got better things to do with my time that waste it on bearuacratic [sic] wankers such as yourselves.

Have a nice Christmas grinches.

The Deputy President later declined to recuse himself from the matter, finding the applicant had not identified any factor which it is said might lead him to determine the matter other than on its merits.