Business pays price for skipping proper termination process
03 Apr 2025
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The Fair Work Commission (FWC) recently dealt with an unfair dismissal claim by a head chef who was summarily terminated via text message after approximately two years of employment with a small business.
The worker argued that he was dismissed without any prior warnings, that the allegations of misconduct and poor performance were never discussed with him before termination, and that he was not given any opportunity to respond to the concerns raised in his termination letter. He claimed the employer had "concocted" allegations to justify his dismissal.
The case highlights critical issues around procedural fairness in small businesses, particularly the requirement for employers to properly investigate alleged misconduct and provide employees with an opportunity to respond before making termination decisions.
The worker started employment with a small ramen restaurant business (Sou) as head chef in August 2022. After approximately two years of employment, he was summarily dismissed via text message on 1 September 2024.
The text message stated: "Knowing you have already packed all your own items away on Friday, I know you are done working at Sou. I will send you an official release letter to conclude your employment with Sou, you should receive it sometime tonight at the latest."
The worker replied to this message explaining that he had only taken his...
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