Fair Work says informal chat messages don't count as formal performance warnings
A Sydney employer with 28 documented performance failures still lost an unfair dismissal case because of procedural failures.
The Fair Work Commission ruled on February 6, 2026 that relying on workplace chat apps and verbal feedback doesn't cut it when terminating an employee, no matter how legitimate the performance concerns.
Rujiang Wen worked as a blinds installer for Sydney VIP Blinds Pty Ltd from 2020 until his dismissal on August 6, 2025. The company had compiled an extensive record of installation defects, from falling roller blinds to protruding screws that created safety hazards for customers. In 2025 alone, 28 of Wen's installations required follow-up rectification work.
Director Mr Xiang testified that he had traveled to various job sites repeatedly to demonstrate proper installation techniques. The company presented six WeChat exchanges spanning October 2022 to May 2025 showing criticism of Wen's work, photographs of defective installations, and questions about how the problems occurred.
But when it came time to actually fire Wen, the process collapsed. Xiang didn't deliver the termination himself. Instead, he instructed the company accountant to tell Wen he was no longer required. There was no written notice. No formal meeting. No explanation of why his employment was ending.
Wen testified that Xiang simply told him "don't ever come back." That was it.
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