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ARTICLE · 18 OCTOBER 2011

UR FIRED = OK? - Dismissal by SMS

While this case of dismissal by SMS was not unfair, traditional communication is preferred for disciplinary matters.

AustraliaEmployment and HR

We recently reported on an unfair dismissal case involving a dismissal via SMS. Sure enough, that dismissal was held to be unfair. Click here to access our previous bulletin.

However, unexpectedly, in Martin v DecoGlaze Pty Ltd Fair Work Australia (FWA) gave the OK to an employer who dismissed an employee via SMS. Hold the smartphone.

In that case, the employee was a spraypainter/foreman for a glass splash back manufacturer. The employee was responsible for maintaining stock including an additive which helps paint adhere to the glass. When the additive supply ran out, and there was a delay in further supply, the employee chose to go ahead with painting jobs without the additive. By doing so, the employee created defective work which would cost the employer approximately $74,000 to replace.

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