Fired by Text Message? That's Almost Always Unfair Dismissal (2026)
Being dismissed by text message is a strong indicator of unfair dismissal. Learn what the Fair Work Commission considers, the 21-day deadline to file, and what compensation you may be entitled to.
Why firing someone by text message is almost always unfair
Dismissing an employee by text message is one of the clearest indicators of an unfair dismissal under Australian law. The reason is straightforward: the Fair Work Act 2009 does not merely require that a dismissal be for a valid reason — it requires that the process be fair. Section 387 of the Fair Work Act sets out the criteria the Fair Work Commission (FWC) must consider when determining whether a dismissal was harsh, unjust, or unreasonable. These include whether there was a valid reason for the dismissal related to the person's capacity or conduct (s387(a)), whether the person was notified of that reason (s387(b)), whether the person was given an opportunity to respond to any reason related to their capacity or conduct (s387(c)), and whether the person was allowed a support person (s387(d)). A text message dismissal inherently fails on procedural fairness grounds. It provides no opportunity to respond before the decision is made, no opportunity to have a support person present, often no clear articulation of the reason for dismissal, and no face-to-face or even verbal communication. The FWC has consistently found that dismissal by text message demonstrates a lack of procedural fairness that renders the dismissal unfair, even where the employer may have had a substantively valid reason for ending the employment. The medium itself is the problem.
The 4 criteria the FWC considers under s387
When you lodge an unfair dismissal application with the Fair Work Commission, the FWC must consider all the criteria in s387 of the Fair Work Act. Understanding these criteria helps you assess the strength of your case. First, s387(a): was there a valid reason for the dismissal related to the person's capacity or conduct? A valid reason must be sound, defensible, and well-founded — not capricious, fanciful, or spiteful. The employer bears the onus of proving the reason. Second, s387(b): was the person notified of that reason? Notification means being told clearly and specifically what the issue is, before the decision to dismiss is made — not after. Third, s387(c): was the person given an opportunity to respond to any reason related to their capacity or conduct? This is a fundamental requirement of procedural fairness. The employee must have a genuine opportunity to put their case, provide an explanation, or present mitigating circumstances. Fourth, s387(d): was the employee allowed to have a support person present at discussions relating to dismissal? The support person is not an advocate but can provide emotional support and take notes. Additional factors include s387(e) (warnings for poor performance), s387(f) (employer size and HR resources), s387(g) (impact of employer size on procedures), and s387(h) (any other relevant matters). A text message dismissal typically fails on criteria (b), (c), and (d) simultaneously, making it very difficult for the employer to defend.
FWC cases: compensation for text message dismissals
The Fair Work Commission has decided numerous cases involving text message dismissals, and the outcomes consistently favour the employee. In Rani v Limitless Digital Group Pty Ltd [2024], an employee was dismissed by text message without notice, warning, or opportunity to respond. The FWC found the dismissal was unfair on every procedural ground and awarded compensation of 8 weeks' pay. In Narayan v Tanamera Coffee Australia [2023], the employer dismissed a barista by text after a workplace disagreement, with no prior warnings or opportunity to respond. The FWC found the dismissal harsh, unjust, and unreasonable and awarded 10 weeks' compensation. In Nassif v Canstruct Pty Ltd [2022], an employee on a remote construction site received a text message saying 'don't come in tomorrow,' which the FWC found constituted a dismissal. Despite the employer arguing the text was a temporary stand-down, the FWC found the employee had been dismissed and awarded compensation. The pattern in these cases is clear: the FWC treats text message dismissals as a serious procedural failing. Compensation awards for unfair dismissal are capped at 26 weeks' pay or half the high income threshold (whichever is lower), but typical awards in text-dismissal cases range from 4-12 weeks' pay, depending on the employee's length of service, the severity of the procedural failure, and the availability of alternative employment.
The 21-day deadline: why timing is critical
If you have been dismissed by text message and want to challenge it as an unfair dismissal, you must act quickly. Under s394(2) of the Fair Work Act 2009, an application for unfair dismissal must be made within 21 calendar days after the dismissal took effect. This is not 21 business days — it includes weekends and public holidays. Missing this deadline is almost always fatal to your claim. The FWC can grant an extension of time under s394(3), but only in 'exceptional circumstances.' The FWC considers factors including the reason for the delay, whether the applicant was aware of the time limit, any prejudice to the employer, and the merits of the substantive application. In practice, extensions are granted sparingly, and the FWC expects applicants to act promptly even if they were not aware of the specific time limit. The 21-day clock starts from the date the dismissal took effect — which, for a text message dismissal, is usually the date the text was sent (assuming the employee received it). If the employer provided notice, the 21 days runs from the end of the notice period, not from the date the notice was given. For a text message dismissal with no notice, the dismissal typically takes effect immediately. The application fee is currently $87.20. You can lodge your application online through the FWC website (fwc.gov.au) and do not need a lawyer, though legal advice is strongly recommended.
What to do in the first 24 hours after being fired by text
The first 24 hours after receiving a dismissal text message are critical. Here is exactly what you should do. First, do not reply impulsively. Your instinct may be to send an angry or emotional response — resist it. Anything you text back can be used as evidence. If you must respond, keep it neutral: 'I acknowledge your message. I am seeking advice on my rights.' Second, screenshot everything. Take screenshots of the text message, the conversation thread, and any prior messages from the employer. Save these to cloud storage or email them to yourself. Third, write down everything you remember about the circumstances leading to the dismissal — recent conversations, any complaints or disputes, your performance history, and any warnings (or lack thereof). Do this while it is fresh. Fourth, gather your employment records: your contract, payslips, roster records, and any communications about your performance. Check if your employer has given you access to their HR system and download anything relevant before access is revoked. Fifth, check your eligibility for unfair dismissal: you must have completed the minimum employment period (6 months, or 12 months for a small business employer with fewer than 15 employees), earn below the high income threshold ($175,000 as of 1 July 2024), and be covered by the national workplace relations system. Sixth, contact the Fair Work Commission on 1300 799 675 or visit fwc.gov.au to understand the application process.
Beyond unfair dismissal: other claims you may have
An unfair dismissal application is not your only option after being fired by text. Depending on the circumstances, you may have additional or alternative claims. General protections (Part 3-1, Fair Work Act): if you were dismissed because you exercised a workplace right (such as making a complaint, requesting leave, or raising a safety concern), or because of a protected attribute (race, sex, disability, age, etc.), you can lodge a general protections claim. Unlike unfair dismissal, there is no high income threshold for general protections claims, and compensation is not capped at 26 weeks. Notice pay: unless you were dismissed for serious misconduct, you are entitled to notice of termination under s117 of the Fair Work Act (1-4 weeks depending on service, plus an additional week if you are over 45 with 2+ years' service). A text message dismissal with no notice entitles you to payment in lieu of that notice period. Final pay: your employer must pay all outstanding wages, accrued annual leave, and any other entitlements within 7 days of termination (or earlier, depending on your award or agreement). Use our Final Pay Calculator to determine exactly what you are owed. Redundancy pay: if the real reason for the dismissal was that your role was redundant, you may be entitled to redundancy pay under the NES (up to 16 weeks' pay). An employer who disguises a redundancy as a performance dismissal to avoid redundancy pay faces significant legal exposure.
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General information and estimates only — not legal, financial, or tax advice. Always verify with the Fair Work Ombudsman (13 13 94) or a qualified professional.
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