ARTICLE · 22 JULY 2015

Can my misdirected text justify my dismissal?

Coleman Greig Lawyers

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Accidentally sending a text message to the wrong person could be awkward, or disastrous if the content is inappropriate.

AustraliaEmployment and HR

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Have you ever accidentally sent a text message to the wrong person? The consequences can be awkward, and may be disastrous if the content is inappropriate. 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 sent a text message 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." It was intended for a plumbing contractor (her daughter's boyfriend) who was about to do some work for the company but it was in fact sent it to the GM instead.

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