Sacked over SMS? That’s unfair.

Losing your job is never easy, but being fired over SMS makes it especially worse, as a failure to meet basic standards of dignity, respect and courtesy being a matter of personal significance. The Fair Work Commission (FWC) strongly disapproves of this practice, describing it in numerous decisions as “unnecessarily callous,” “unconscionably dignified,” “disgraceful and grossly unfair,” a “repugnant process,” and “a gutless abrogation of an employer’s obligation to act reasonably and decently when ending an employee’s employment.”

Terminating via text message is a blatant breach of procedural fairness requirements, denying the employee a genuine opportunity to respond or defend themselves prior to dismissal, stripping them of any hope of saving their job. Even if there is a valid reason for a dismissal, a termination may still be deemed unfair if the employer fails to undertake a proper dismissal process.

In fact, any electronic measures used to terminate someone- whether by text, email or phone call- will be viewed as problematic and contribute as a factor behind a dismissal being harsh, unjust or unreasonable. Employers are expected to convey terminations face-to-face with written confirmation and an opportunity for the employee to influence the final decision.

One of the most notable FWC decisions on this issue was Wallace v AFS Security [2019] where Mr Wallace was sent a text stating that “effective immediately we no longer require your services as a casual patrol guard with AFS Security.”  The Commission criticised this approach and the manner in which termination occurred without any prior discussion or notice. Unless there is an exceptional reason (i.e. serious risk of violence or an extreme geographical barrier), this practice will continue to be discouraged by the FWC. More recent FWC decisions reinforce this stance:

1. Mr Barinder Bhatti v Lucky Nickel Pty Ltd [2022]: Mr Bhatti was dismissed via text message that among other things stated, “I’m letting you go,” as the extent of the procedure undertaken. Here, the Commissioner stated that Mr Bhatti would mount a “strong case” that his dismissal was unfair based on the merits.

2. Mr Kazuyoshi Goto v Allen Aus Pty Ltd T/A Momo Sushi [2023]: Mr Goto was dismissed via text message simply stating that he was no longer required. Even taking into account that the former employer was a small business, which often allows for more flexibility in the dismissal process, the manner in which Mr Goto was dismissed was still found to be harsh and unfair.

3. Mr Gregory Merrick v The Trustee for Murrakei Family Trust [2025]: Mr Merrick and his wife were informed via text message that they had no upcoming shifts, to which Mr Merrick responded with “sacked by text message?.” With no valid reason for dismissal, nor any fair process followed to affect the dismissal, the Commissioner found that Mr Merrick had a “strong case” with “considerable merit.”

4. Ms Leea Semenov v Ozi4x4 Pty Ltd [2025]: After being removed from the company group chat, Ms Semenov missed a phone call from the store manager. Shortly after, she received a text confirming her immediate termination. Since she was not provided with any opportunity to respond to the allegations against her, this was a contributing factor to her dismissal being deemed harsh and unreasonable.

While it is not illegal for an employer to terminate your employment via text message, email or phone, it is almost always considered procedurally unfair and harsh, providing grounds to challenge your dismissal. If your employer has fired you over SMS, email or phone call without due process, please contact Workplace Justice today for immediate assistance.