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ARTICLE · 10 APRIL 2023

Removal from WhatsApp group constitutes dismissal

The case demonstrates the care an employer must take in dismissing an employee or assuming an employee intends to resign.

AustraliaEmployment and HR

The convenience of social media means that more businesses than ever consider social media applications to be a useful communication tool for their workplace.

In a recent case before the Fair Work Commission (the "FWC"), the question arose of whether removing an employee from a group chat constituted dismissal (read the case here).

Facts

The employee commenced casual employment at a patisserie where rostered shifts were published on a weekly basis via a WhatsApp group chat, which included all staff members.

However, the employee experienced a decline in her mental wellbeing six months into her role and the employer's understanding was that the employee was in "no state for work".

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