Cafe worker fired for not using smiley face emojis

A Gold Coast café worker has won an unfair dismissal claim at the Fair Work Commission against her former employer, Sens Catering group.

Kristen Gordon says she was forced from her job for failing to include a smiley face emoji in her texts to her boss, which her boss interpreted as Ms Gordon being 'unfriendly'.

Ms Gordon successfully argued that this excuse was simply a ruse to get rid of her.

Sens Catering Group Pty Ltd was ordered to pay Ms Gordon $5,357.80, plus 9.5 per cent superannuation on that amount paid into her nominated fund.

Fair Work Commissioner Chris Simpson noted the pair did not attend the hearing on July 1 after 'indicating that they did not wish to participate'.

In handing down his findings, Mr Simpson said: 'based on the evidence before me, I was satisfied that Ms Gordon was dismissed and that the dismissal was harsh, unjust or unreasonable and an order for compensation should be made.'

Does this seem like a good decision from the Fair Work Commission?

 

2 comments

No...it is not a good decision from the Fair Work Commission!

This employee should have received three times the amount paid out.

Definitely.

I agree with the 2 comments already, but I wanna know why i cant comment or reply on any other YLC articles, seems a bit biased that we can't give an opinion anywhere these days! 

In regards to the empty homes in Aust & homeless; perhaps landlord/property owners are charging high rentals to cover their own living costs or perhaps property investors are ditching spec homes/rentals due to tenants having so many more rights & property owners having barely any.  Ans also the centrelink/pension implications are not helpful either!

I know I've considered renting my residence a few times but decided against it for fear that if I needed to move back into it or there's damage/am not happy with the tenants behaviours, chances are I wouldn't be allowed to evict them, even tho I own the place! And for all the hassle and after all expenses theres really not that much income/profit making it not viable (all very well to say selfish greedy landlords, but who's investigated & done all the sums to gain an understanding instead of complaining about the situation & wondering why it's like this i wonder??

2 comments



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