With the news that the Fair Work Commission has upheld an employer’s decision to dismiss a prolific texter, it’s a good time to ask: should personal calls and texts be tolerated in the workplace? How many is too many texts?
For the employee who was dismissed, 50 personal texts a day was the norm. The employee’s phone use increased substantially after she started renting her property via Airbnb.
When this was noticed by the company director, the employee was told to put her phone away while at work. Two days after the warning, the employee sent 73 messages within 4.5 hours. One month later, she was dismissed for continuing to manage her Airbnb bookings while at work.
The employee told the FWC that she introduced steps to ensure her side business was looked after while she was at work. She also said she didn’t take a lunch break and worked additional hours to account for the time spent on her side business.
The employer also said she had sent personal emails with the company signature, made grocery orders during work hours and took a company vehicle with her on holidays.
FWC said the employee had engaged in “ferocious texting” and was “deliberately failing to follow a lawful and reasonable direction to have her phone turned off while at work”.
The FWC considered several factors in upholding the employee’s termination:
- Whether there was a valid reason for the termination related to the employee’s capacity or conduct.
- Whether the employee was notified about that reason.
- Whether the employee had an opportunity to respond.
Although this situation is, of course, an extreme example of personal phone usage, it is still worth having policies in place at your workplace to avoid any confusion or misunderstandings around the issue.
Employers need to emphasise that it’s not acceptable for people to be on social media, sending text messages or running a side business while they’re at work. Having said that, there also needs to be a bit of give and take, with mutual respect on either side. Set realistic expectations, with a common-sense approach to your policies.
If an employee does seem to be contravening these policies, start by having an informal chat to address the issue. Ask your employee why they’re sending so many personal texts at work. Is there a family situation that is demanding their attention? Be empathetic and understanding before you issue formal warmings or disciplinary actions.
Implement preventative steps, such as clear policies, set clear boundaries and communicate clearly with your team to avoid any misunderstandings.
It’s also worth reviewing policies, regulations and employment contracts to ensure they sufficiently cover conflicts of interests relating to dual employment.
If you’d like assistance with any of these issues, please get in touch with the HR Dept – we can help set out clear, proactive HR policies.