Commission explores employer's intention behind cryptic message
The Fair Work Commission (FWC) recently dealt with a dismissal claim from a worker who said she was fired after her employer texted her “all the best for the future,” coupled with a request to return the company’s keys and shirt.
The worker said this act brought the end of her employment, but the employer argued that she was not dismissed.
Background of the case
Hebah Charrouf, the worker, brought her case before the FWC about a dispute linked to her supposed termination from her role at Mascari Group Pty Ltd, trading as Little Superstars Learning Centre.
The worker's argument centred on the claim that her alleged dismissal goes against the provisions outlined in the General Protections of the FW Act.
The worker was a childcare educator at the employer’s child-care centre located in Croydon Park, Sydney. Her role started around 28 March 2023, and she usually worked from Monday to Thursday.
Things took a turn when the worker claimed she was fired on 16 June. But the employer said her employment didn't end on that day.
According to the employer, before 16 June, the worker expressed that she was only available for shifts from 8:30 AM to 2 PM, but the employer's operational demands required shifts that spanned from 8:30 AM to 4 PM.
Because of this discrepancy in available hours, the employer says that they couldn't assign the worker shifts beyond the said date.
Changes in her shift due to childcare responsibilities
Around two months after the worker had started her employment, she reached out via email, asking if she could switch her shifts to run from 8:30 AM to 2 PM, Tuesday through Friday, since she wanted to fulfill her own childcare duties.
Following an email exchange, the employer adjusted her shifts to conclude at 2 PM. This arrangement carried on for the subsequent two weeks, giving the worker the schedule that she requested.
On the morning of 9 June, the worker's son was unwell, and his school called to inform her of his condition. This led to a conversation with the employer where they assigned another staff to step in for the worker, enabling her to attend to her son's needs.
After a while, the employer then told the worker that her schedule would be reverted to their original arrangement, which would end her shift at 4:00 PM.
The worker protested and said that the employer was able to accommodate her request in the past, saying her “leaving at 2 has worked for the past 2 weeks.”
A series of exchanges happened between the two parties, with the worker saying: “No I cannot work til 4pm as I do not have anyone to pick up my child. The latest I can work till is 2pm!”
The employer then replied with, “No problem at all. Please send your shirts and key in the mail. All the best for the future.”
HRD previously reported about a worker who argued he was unaware of his alleged dismissal because of his employer’s “silent treatment.”
In another case, another worker was left clueless after being uncertain of his date of dismissal as he only received a text message from his father, who also worked with him in the company.
The intention behind the employer’s text message
In its decision, the Commission noted the exchange, saying that the worker’s employment was terminated by the employer’s text message.
“Any reasonable assessment of the content of that message would conclude that it was intended to bring the employment of the [worker] to an end. The words ‘all the best for the future’ suggest nothing if not a parting of the ways.”
It also said the company’s request for the worker to bring back the keys and shirt proved termination.
“Such a request, made at the same time as someone is being wished ‘all the best for the future’ is consistent with the idea that the employment relationship is being brought to an end,” it added. Thus, the Commission concluded that the worker was dismissed and directed the parties to proceed to a conference at a later date.
