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Employment and Migration Blog

Tag: fire

  • Posted by on 21 Jun 2011
    There’ve been a few instances of termination by text surfacing in recent FWA decisions. On the face of it, sounds like pretty poor HR, but there can be exceptions. I had an unfair dismissal case recently where the termination was by text, and it seemed OK to me – but this was in the context of the employee having been refused leave, saying he’d take the time off anyway and get a doctor’s certificate, then failing to show for several days, refusing to come to the door when his boss called by, and refusing to take his boss’s calls. Sending a text in those circumstances at least had the virtue of being in writing (as required by the FWA), and was therefore better than leaving a voicemail. However, it would have been better still if a snail mail had followed with all the usual details. Not hard to do. We never had to put it to the test as the employee lost interest and cancelled the conciliation.

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