Terminating an employee is a confronting experience. Surely, in
the digital age where text, email and instant messaging is
commonplace, reducing the personal element of terminating an
employee via any one of these less confronting methods is
appropriate – right?
The Fair Work Commission
says no!
Avoiding face-to-face contact is a "gutless
abrogation" of the employer's obligations unless unusual
circumstances apply.
Text Message – "...we no longer require your
services..."
In
Wallace v AFS Security [2019], Mr Wallace was a casual
Security Guard at AFS. In late-January 2019, Mr Wallace sent two
text messages to Ms Everett (who was a Director and worked in
payroll) – one, raising concerns about his roster; the
second, about not receiving payment for a shift he worked a few
days before. The first text was answered confirming that it would
be discussed the next day. Mr Wallace received a response to the
second text a couple of days later when Ms Everett
