Dismissals by Facebook; oops

Yesterday, I posted a blog about the risks involved for employers who choose to terminate the employment of an employee by text or e-mail, rather than a personal meeting. The same applies to notification of dismissal by Facebook Messenger, which is a method of communicating digitally via Facebook.

In  Jaymi-Lee Morris v Alphaeus Hair Salon [2018] FWC 2642, Commissioner Riordan of the Fair Work Commission said this of the practice.

“I have taken into account that the “conversation” between the Applicant and Respondent took place over a social media platform late at night. I am unaware of the sobriety or capacity of either individual during this recourse (sic). I find that the Respondent did not provide the Applicant with a reason for her termination………….The Applicant was not provided with an opportunity to respond to her termination. As previously stated, this discourse occurred over a social media platform and appears to have escalated from a simple enquiry to an unfortunate conclusion. I have taken this into account…………..The conversation was not a disciplinary meeting but what appears to be a regular chat on facebook which spiralled out of control. I have taken this into account.”