Log in or become a subscriber

Dismissing an employee who used excessive emojis and wrote a poem that made a colleague uncomfortable was not unlawful adverse action, the Fair Work Commission has accepted.

In June this year the casual survey technician had been employed for only 17 days when GMC Employment informed him he was being dismissed due to his performance.

He lodged a general protections claim, arguing that in failing to give him one week's notice, the employer breached section 340 of the Fair Work Act, namely denying him his "right to follow disciplinary actions of performance training procedures".

Further, he alleged breaches of section 343 (coercion), claiming he was under "pressure and fear" of termination if he didn't perform well and had to meet "unachievable targets"; and section 351, accusing GMC of discrimination on the basis of his race (Indian) and his age...