A recent case shows how a 'threatening' email from a managing director confirmed termination
A Fair Work Commission (FWC) decision has shed light on the circumstances of an employee who claimed he was dismissed via a “threatening email.” His employer, however, claimed in response that he had abandoned his position.
Both parties are in dispute as to whether he was dismissed or not. The employee said he was “ultimately dismissed via an email,” which indicated “a clear breakdown of the [employment] relationship.” He also based dismissal on the employer removing his access to its communication systems. Meanwhile, the employer said he had abandoned his employment, noting his “behaviour and performance issues.”
The employee was a manager tasked with organising and coordinating office administration but said he became a “director” of the employer before dismissal. He said he had not been provided with an official notification of termination and noted he was “locked out of the [employer’s] IT Systems, and his phone was suddenly barred from making calls.”
He then alleged that he was “advised” that he was “suspended” but then received an email that he described as “threatening.”
According to records, the employer’s managing director accused him of corporate sabotage and sent an email with the subject, “the wheels of justice turn slowly but exceedingly fine.” The email’s excerpts stated:
“As amusing as it is that I’m free rent [sic] I’m living rent free in your head (and the bonus of not having to juggle an unbalanced parasite with a god complex)… it’s only fair that I give you a heads up.”
“You’ll be like a trophy. Finally you will be an icon, indisputably infamous and a case study for law students.”
“At this point, the combination of all the different things you have done (extortion) and the insane amounts you have done it – you might as well go for broke.”
“The downtrodden and defeated look on your face as you are cuffed and dragged off to jail for who knows how long in a bad fitting second hand suit some charity will loan you will be quite a scene.”
“I’ll see you when I’m on the stand giving evidence against you.”.
The employee said the email “solidified a clear breakdown of professionalism and their employer/employee relationship.”
The employer denied employment termination and said it placed him on leave after he said he was “feeling overwhelmed” during a telephone call. The employer said it requested a meeting to discuss his behaviour but the employee did not attend. After his absence, the employee “refused to attend work or engage in a conversation” with the employer.
Before the FWC, the employee applied for unfair dismissal but the employer argued that he abandoned his employment and “was not dismissed.”
The FWC considered multiple exchanges between parties and found that the employment relationship was “under severe strain” that continued until the employer’s “threatening” email. The FWC ruled it was “in a tone sufficient to make clear the employment relationship was at an end.”
It also found the employee’s dismissal was inconsistent with the requirements under the law and the evidence was insufficient to justify his dismissal. The FWC said that the employee was not given a proper opportunity to respond to reasons for dismissal and was not warned about unsatisfactory conduct.
In its decision, the FWC said the dismissal was “harsh” and “unreasonable,” stating that he was also not paid according to his contract.
Since reinstatement was not appropriate, the FWC awarded compensation.
The decision was handed down on 13 January.
