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ARTICLE · 16 JULY 2015

Can a Misdirected Text = Dismissal?

The Fair Work Commission upheld the dismissal of an employee who accidentally sent a text message to her General Manager.

AustraliaEmployment and HR

A text message can so easily be sent to the wrong person...with potentially disastrous consequences. In the recent decision of Nesbitt v Dragon Mountain Gold, the Fair Work Commission upheld the dismissal of an employee who had accidentally sent a text message to her General Manager.

Ms Nesbitt lost her job after sending a text message intended for a plumbing contractor (her daughter's boyfriend) to her General Manager, in which she referred to the General Manager as "a complete dick...we know this already so please try your best not to tell him that regardless of how you feel the need."

Shortly afterwards, Ms Nesbitt sent the General Manager another text, saying in part "Rob I need to explain...that message came across so wrong. Rob...that is not how I feel. My sense of humour is to exaggerate...That was a joke within our family...It is so far out of context... Please forget it and just go on as normal. I am very very sorry. It is not how I feel."

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