Cafe Worker Fired For Sending Boss Text Without 'Smiley Faces'

🎙️ Voice is AI-generated. Inconsistencies may occur.

An Australian cafe worker has won an unfair dismissal case after she was fired for sending a text message without smiley emojis.

Kristen Gordon was a supervisor at Sens Coffee in Queensland, Australia, for about 14 months. The cafe is owned by Sens Catering Group, which also operates two other cafes. The Fair Work Commission (FWC) ruled in Gordon's favor on Monday, finding that manager Phoebe Wang fired the employee in a raging outburst over the tone of her texts.

Most unfair dismissal cases in Australia are won by employers, not workers. According to data from the FWC, less than one percent of all claims filed between October and December 2018 resulted in a formal judgment against the employer.

In the week before her dismissal, Gordon revealed to Wang that she was undergoing IVF and could not work on certain days or complete certain tasks because of the procedure. She felt forced to explain her personal life because "the question was raised whether she could be working during this," the FWC reported.

Coffee
An Australian cafe worker has won an unfair dismissal case after she was fired for sending a text message without smiley emojis. Another employee looked at the texts and reported that they were “normal messages.”... FRANCOIS NASCIMBENI / Contributor/AFP

Gordon answered that she could indeed work and "money was more important than ever during this time." She added that she could do all her normal work other than lifting milk crates from the fridge.

On March 12, Gordon expressed her disagreement with staff rostering decisions in a group text between the cafe managers. She argued that the business should hire another staff member for its Goya Cafe shop, as Wang consistently sent staff there from Sens Coffee, leaving it understaffed.

Restaurants continue to remain understaffed across the globe as food service workers join the "Great Resignation." Many workers cite low pay and long hours, a lack of benefits, difficult customers, the desire for a new career and potential exposure to COVID-19 as their motivators to leave the industry.

According to the FWC, Gordon's text made Wang so angry that she "smashed her phone on the counter" and "jumped up and down while screaming."

She told another shop manager, "FIRE HER RIGHT NOW!! Hire another supervisor. I don't care about the cost, do it now!"

The confused manager asked why Gordon's messages had upset Wang.

She answered repeatedly that Gordon "didn't add any smiley faces" and "there are no emotions."

Another employee asked to look at the texts and reported that they were "normal messages." Still, Wang contended that Gordon was "arguing with her" and "because there were no emojis, she meant what she was saying to be rude."

Despite protests from the employee, who said that was simply Gordon's style of texting, the furious boss ordered her staff to fire Gordon immediately.

She was dismissed the following day.

The FWC ordered Sens Catering Group to pay Gordon $5,357 AUD ($3,618 USD) as well as 9.5 percent superannuation on that amount paid into her nominated superannuation fund.

Newsweek reached out to Sens Catering Group for comment.

About the writer

Shira Li Bartov is a Newsweek reporter based in New York. Her focus is on trending news, human interest and legal stories. She has covered labor and civil rights lawsuits extensively. Shira joined Newsweek in 2022 from Inside Edition. She is a graduate of Brown University. You can get in touch with Shira by emailing s.bartov@newsweek.com. Languages: English, German, Hebrew and Mandarin.


Shira Li Bartov is a Newsweek reporter based in New York. Her focus is on trending news, human interest and ... Read more