Fair Work Australia Commissioner Cambridge has ruled that a boutique owner who texted a “Don’t Come Monday” message to a two-year employee behaved in a “pretty appalling” way and that her termination via SMS was deemed unfair. The boutique owner was fined almost $10,000 in back pay. The Fair Work Australia ruling found that there had not been any valid reason (relating to conduct, capacity or operational requirements of the business) to justify the dismissal. The Commissioner found the owner had likely become irate and vindictive after the sacked employee, Sedina Sokolovic, took it upon herself two days before her sacking to change shifts with another worker during which $5000 worth of goods were stolen from the shop on the other employee’s watch.

No one insinuated Sedina or the other worker were involved in the theft and the Commissioner concluded there had been no feedback to Sedina alleging inadequate conduct or performance until the owner learnt the goods had been stolen, sacked her and then had to justify the dismissal.

As much as the case elucidates the importance of a valid reason and a fair process in determining the future of an employee’s work relationship, the case is an illustration in poor emotional intelligence and specifically emotional control. The owner seemed to want to retaliate for the fact that goods had been stolen and paid out on Miss Sokolovic with no adequate justification. Of relevance to the Commissioner was the fact that there was no link in the text message to serious misconduct and none was provided at the hearing. By firing Ms Sokolovic by text, her employer denied her the chance to respond or explain; a key plank in procedural fairness.