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Text 25 c, fine $10,000
Posted: Tue May 31, 2011 1:32 am
by Gob
A TEXT message costs about 25 cents — but for retailer Modestie Boutique it cost it nearly $10,000.
In what was described as a "pretty appalling" way to fire someone, Sedina Sokolovic was sacked by text message after her boss complained she had swapped shifts without permission and was late for work.
"That shows me you not taking me serious or the work," Modestie director Sophia Sarkis texted. "Which hurts me enough and you can pick up your pay tomorrow and drop the key. You don't need to call me and I don't see that we can work together."
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Ms Sokolovic, who had worked at the store in Liverpool in Sydney for two years, was awarded $9992 after Fair Work Australia ruled her text-message sacking — delivered on Boxing Day last year — was harsh, unjust and unreasonable.
Ms Sokolovic, also an actor, yesterday told The Age she could not believe she had been sacked by text two days after she had swapped shifts.
She was upset she had not had a chance to respond. "I was just stunned. What happened wasn't right," she said.
Commissioner Ian Cambridge was also critical of the way the sacking occurred, saying he was inclined to agree with the comments of Ms Sokolovic's lawyer, Adrian Barwick, that it was a "pretty appalling" way to dismiss someone. Mr Cambridge said it suggested a "lack of courage" to fire an employee by text.
"Consequently, if dismissal is implemented by any means other than face-to-face communication, both the legal and ethical basis for the decision to dismiss is likely to face strong and successful challenge," he said.
The reasons given in the text message did not include any "serious misconduct" that would justify an instant dismissal, and none were provided later at the Fair Work Australia hearing, the tribunal found. Firing Ms Sokolovic by text also denied her a chance to respond or explain the circumstances that had led to her sacking.
Mr Cambridge said Ms Sarkis had been "motivated by a consuming desire to find blame" after, in an unrelated incident, about $5000 worth of clothing had been stolen on the watch of the employee who had swapped shifts with Ms Sokolovic.
Mr Cambridge said claims by Modestie that Ms Sokolovic had been fired after complaints by customers were "unspecified, unsubstantiated allegations" that were used "belatedly" to try to bolster an "ill-considered and hasty decision".
Read more:
http://www.theage.com.au/technology/tec ... z1NtD4pvHC
Re: Text 25 c, fine $10,000
Posted: Tue May 31, 2011 3:01 am
by oldr_n_wsr
Don't have a cell phone, forces face to face.
Re: Text 25 c, fine $10,000
Posted: Tue May 31, 2011 5:15 am
by loCAtek
Yea, we have laws in the US, text-sacking is not allowed.
Re: Text 25 c, fine $10,000
Posted: Tue May 31, 2011 1:07 pm
by Guinevere
loCAtek wrote:Yea, we have laws in the US, text-sacking is not allowed.
We do? Can you cite to one of those laws, please?
Re: Text 25 c, fine $10,000
Posted: Tue May 31, 2011 2:45 pm
by @meric@nwom@n
I imagine it's legal in indiana. We are one of those states that allows firing without stating a reason.
Balless yes illegal? Doubt it.
Re: Text 25 c, fine $10,000
Posted: Wed Jun 01, 2011 2:39 am
by oldr_n_wsr
loCAtek wrote:Yea, we have laws in the US, text-sacking is not allowed.
While I was sacked face to face, I have yet to see/hear of one of these (text/cell phone sacking) laws.
Re: Text 25 c, fine $10,000
Posted: Wed Jun 01, 2011 5:05 am
by loCAtek
In CA, termination must be written and include the reason for it.
No reason given is fodder for a vengeful termination case.
Re: Text 25 c, fine $10,000
Posted: Wed Jun 01, 2011 5:17 am
by Sean
So that's one state...
Re: Text 25 c, fine $10,000
Posted: Wed Jun 01, 2011 2:07 pm
by Guinevere
loCAtek wrote:In CA, termination must be written and include the reason for it.
No reason given is fodder for a vengeful termination case.
That's not true at all. California is an at-will employment state, which means employees can be terminated for good cause, or no cause, just not bad cause. There is not requirement of a writing with termination for an at-will employee.
There *may* be such a requirement for a contracted employee, but that would be set by the terms of the contract, and it not required under California law.
Finally, the general theories of the employment lawyers I work with are that providing reasons are more likely to stir up claims of wrongful termination than providing no reason at all (which, again, is lawful in an at-will employment situation).
NOTE: I am not a California lawyer, I don't even play one on TV, and the above cannot be construed as legal adivce, but I did take a quick look at the California labor code this morning.
Re: Text 25 c, fine $10,000
Posted: Wed Jun 01, 2011 2:32 pm
by Sue U
That's my understanding as well, Guin (although I'm not a California lawyer either; where is AGD these days?). The rule I learned in law school was that at-will (i.e., non-contract) employees could be fired for good reason, bad reason or no reason at all, as long as it was not a prohibited reason (e.g., racial discrimination, etc.). Employers have every right to be mean, harsh, stupid, unthinking, cowardly and unfair; we cherish these rights.
Re: Text 25 c, fine $10,000
Posted: Thu Jun 02, 2011 12:25 am
by Sean
So no states so far...
Re: Text 25 c, fine $10,000
Posted: Fri Jun 03, 2011 2:30 am
by loCAtek
Damn, I've been fired pretty considerately then, always has the 'walk out'...
Re: Text 25 c, fine $10,000
Posted: Wed Jun 15, 2011 1:20 am
by Jarlaxle
loCAtek wrote:Yea, we have laws in the US, text-sacking is not allowed.
I was laid off via fax once. Three days after working Christmas Day.
I'm not sure if that's worse than a text, but it's damned sure not any better!