Former CBA Employee Files Federal Court Claim After Dismissal Over Swearing Incident
A Commonwealth Bank of Australia worker, dismissed for using explicit language towards a colleague, has launched legal proceedings against the financial institution alleging unfair dismissal. Bradley Duff, who commenced his role within the bank's major client group in 2022, was terminated on September 16 following an external investigation that concluded his behaviour breached the organisation's code of conduct and justified dismissal.
Legal Battle Seeks Compensation and Damages
Mr Duff has now escalated his case to the Federal Court of Australia, where he is pursuing compensation, pecuniary penalties, damages, and interest. Notably, he has stated he does not seek reinstatement to his former position at the bank. In court documents, Mr Duff has consistently denied that the conduct leading to his dismissal constituted bullying, misconduct, or any form of serious misconduct.
Allegations of Ignored Workload Complaints and Widespread Swearing Culture
The former employee further alleges that his repeated complaints to management about reaching 'breaking point' due to excessive workloads were systematically ignored. While Mr Duff admitted to telling a colleague words to the effect of 'Calm the f*** down,' he contends this did not amount to misconduct. He claims that such language was pervasive throughout the bank, from senior management levels downwards, and that comparable conduct by other employees did not result in disciplinary action.
The Australian reports that Commonwealth Bank has firmly rejected this assertion regarding a culture of unchecked swearing.
Specific Incidents and Management Responses Under Scrutiny
The dismissal stemmed from allegations by a junior male colleague who accused Mr Duff of 'standing over' him, raising his voice during discussions about deal completion, and touching his shoulder on a separate occasion. In response to his workload concerns, Mr Duff alleges that his former manager, Emily Tonkin, advised him with words to the effect of 'don't let anyone hear you say that.'
Commonwealth Bank has provided context for this comment, stating it was made when Mr Duff and his team were aware that approvals for additional team members to assist with workload were pending. The bank denies the broader implication of the paragraph.
Bank's Defence Cites Performance Issues and Team Complaints
In its defence, Commonwealth Bank has denied failing to address Mr Duff's staffing concerns, highlighting the recruitment of four additional full-time employees into his team. The bank has also cast doubt on Mr Duff's professional performance, noting that the debt balance of his lending portfolio decreased in FY25 and that he failed to meet his people and leadership Key Performance Indicators.
Furthermore, managers Ian Manwaring and Emily Tonkin reportedly received complaints from team members regarding Mr Duff's behaviour and leadership style, with some colleagues refusing to work with him.
Mental Health Diagnosis and Career Impact
Mr Duff, whose client portfolio involved property investors and developers with turnovers exceeding $150 million, revealed he was diagnosed with a mental illness during his final weeks of employment. He has stated that he is unlikely to be able to work for a considerable period following these events.
This contrasts sharply with his previous professional persona. On his LinkedIn profile, Mr Duff expressed pride in his role at Commonwealth Bank, praising his team and the bank's values of care, courage, and commitment, which he said aligned with his passion for client service.
Court Orders Mediation in Ongoing Dispute
The Federal Court has now ordered both parties to engage in mediation in an attempt to resolve the dispute before proceeding to a full hearing. This case highlights significant tensions between employee conduct, workplace culture, management responses to staff welfare concerns, and the legal thresholds for fair dismissal in corporate Australia.
