The Case

(2018)

Alphaeus Hair Salon (the Salon) employed Ms Morris as a hairdresser. On 6 December 2017, the Salon owner and Ms Morris engaged in an exchange on Facebook Messenger. The Salon owner asked Ms Morris if he had an appointment the following morning and when Ms Morris did not immediately respond, he sent her a message indicating she had to make a decision whether she was “with [him] or against [him]”.

Ms Morris didn’t understand the message and replied that she did not know what the Salon owner was talking about. Through a series of messages, the Salon owner:

• told Ms Morris she could not be friends with former employees of the Salon or she would lose her job;
• accused Ms Morris of planning to leave the Salon;
• demanded to know if he could trust Ms Morris;
• accused Ms Morris and another colleague of undermining him;
• accused Ms Morris of trying to control him;
• told Ms Morris she had to change her attitude; and
• queried whether he could continue to employ her.

Ms Morris tried to call the Salon owner to assure him that his fears were unfounded but he would not answer his phone. Ms Morris thereafter advised the Salon owner that she was very upset and stressed by the exchange so would not be coming into work the following day.

The Salon owner then sent Ms Morris the following messages on Facebook Messenger:

• “Good luck in your new job if you can find one”;
• “I will cut you from my fold Good luck girl as you will need it”;
• “Goodbye loser”;
• “You r dead to me!…I will have justice and you will receive my wrath!…You are nothing and will be nothing”; and
• “Depart from me as I will destroy u!”

Ms Morris commenced unfair dismissal proceedings in the Fair Work Commission (FWC). The Salon owner did not file a response or attend the hearing, so the matter was heard in his absence.

The Verdict

The FWC noted that Ms Morris and the Salon owner generally had a good working relationship and often chatted on Facebook Messenger.

In reviewing the circumstances of the dismissal, the FWC found there was no valid reason for the termination of Ms Morris’ employment. There was no evidence to support the wild accusations the Salon owner had outlined in his Facebook messages.

Given Ms Morris had secured a new job with equivalent pay within 4 weeks of the dismissal, she was only out of pocket for 4 weeks of wages. As such, the FWC ordered she be compensated for this 4 weeks’ loss of remuneration.

The Lessons

It is important for any employer who has concerns over an employee’s conduct or performance to raise it with them in a formal setting – preferably, by way of a letter setting out the concerns or in person.

Chats with work colleagues and employers on social media should be limited to non-work matters to avoid conversations escalating and things being said in the heat of the moment that are later regretted.

Please note: Case law is reported as correct and current at time of publishing. Be aware that cases in lower courts may be appealed and decisions subsequently overturned.