Another employee has complained of being sacked by text message, following a Fair Work Australia decision to award almost $10,000 to a former retail worker who was acquitted in the same manner.
According to reports in News Ltd papers, 22-year-old Brisbane hairdresser Sahra Danes was fired last month as a senior hairdresser via text message.
Danes, who reportedly worked at Elysium Hair & Beauty for 11 months, said she was “pretty distraught” about the sacking, but had decided against making an adverse action claim because she wanted to save the money for her unborn child.
Her employer, salon owner Oscar Henderson, described the text as a “last resort” after trying to call her twice and hearing Danes’s complaint about promoting hair products to clients. “She was due into work that day and I actually thought for her it was less embarrassing,” Henderson is quoted saying.
Industrial relations lawyer Peter Vitale said this morning an adverse action claim could cost up to $20,000.
“It may be that she doesn’t feel that it’s an economic proposition for her or the compensation she’s likely to receive wouldn’t be worth the fees that would be expended,” Vitale says.
The Fair Work Act provides no cost to be provided in the normal course, he said, so even if she won, it might not be worth her while.
The public complaint follows a ruling by the Fair Work Ombudsman that the sacking of retail worker Sedina Sokolovic by text message was harsh, unjust and unreasonable.
The body awarded Sokolovic $9,992 in compensation. The amount is about eight weeks’ remuneration at the weekly rate immediately before dismissal.
After the ruling, lawyers warned that text messages should be viewed with caution and serious content should be discussed face to face, although stressed that the Sokolovic decision looked at he merits of the dismissal, as well as the method.
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