FWC Critical of Dismissal by Phone but Upholds Sacking of Beauty Therapist

The Fair Work Commission has criticised the decision of a small business employer to dismiss a beauty therapist by phone but upheld the dismissal as being consistent with the Small Business Fair Dismissal Code.

In a reminder to employers of the importance of delivering a dismissal decision in person, Deputy President Sams said:

I do not consider that informing an employee of their dismissal by phone, text or email, to be an appropriate means of conveying a decision which has such serious ramifications for an employee.

In determining the dismissal was not unfair, the Deputy President found the applicant forcefully pushed the Salon Manager before slamming a sliding door in her face and humiliated another worker by directing her to perform menial and unnecessary tasks.  The applicant was also found to have been dismissive of the Salon Manager’s authority and to have undermined the Manager.

Cachia v Scobel Pty Ltd ATF the S & I Trust t/a Emerse Skin & Laser [2018] FWC 2648