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Sacking by text message

OUT-LAW News, 21/05/2003

A Sydney traffic controller whose employer sacked him by sending a text message to his mobile phone brought an unfair dismissal claim before the New South Wales Industrial Relations Commission (IRC) this week.

The IRC warned against using text messages for this purpose, but left the two parties to reach a private settlement.

Thirty-seven year old John Eid had worked for JNI Traffic Control. His lawyer, Tom Earls, told the IRC that his client had been fired by an SMS message sent from a company director. According to CNN, the message read,

"Its (sic) official, you no longer work for JNI Traffic Control and u (sic) have forfided (sic) any arrangements made,"

The company argued that it had not fired Mr Eid, but that he had resigned. According to CNN, JNI lawyer Kathryn Dent said that Mr Eid had “stated he would not work for JNI ever again and swore in colourful language, at length.” She added, “The SMS message that was sent the next day was an acceptance of a resignation."

However, the Sydney Morning Herald reports that Commissioner Elizabeth Bishop was very critical of the company. She said, "It is not appropriate to send text messages, even as a confirmation of someone resigning ... You get a letter couriered ... you will never do this again, will you."

She added, “What happened to the old-fashioned letter, or talking in person. Some things are not appropriate. It should be perfectly obvious to all and sundry.”

Mr Eid and JNI were instructed to try to reconcile their differences, and reached a private settlement yesterday afternoon.

 

 

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