Texts revealed in florist worker’s unfair dismissal win

A florist employee has won an unfair dismissal claim after texts between her and her boss one day before she was sacked were given to a court.

A casual florist worker has won an unfair dismissal claim and is chasing thousands in compensation after she was sacked via email and without warning.

Kate Clift was employed as a casual production worker for Adelaide-based wholesaler Tony’s Flowers until she was let go along with two colleagues on May 4, 2022.

After being employed as a casual flower production worker for 19 months, she found out her employment had been terminated after calling in sick for three shifts over the previous two weeks.

She was sacked via email when her boss Tristan Smith told her there was no more work available because the business’ busy period – the “event season” which ended with Mother’s Day – was coming to an end, according to a judgment published by the Fair Work Commission.

“Good morning. As the event season is now coming to an end, please be advised your position with Tony’s Flowers has now ended,” Mr Smith said in the email.

“We would like to thank you for all of your hard work during this period. Your details will be kept on file for future events.”

But Ms Clift disputed that she was a seasonal worker and claimed she was dismissed due to taking several sick days and being unable to fill shifts

She claimed she was unfairly dismissed, arguing she had been employed through several seasons over two years and that her hours were consistent and regular.

Ms Clift took two days off in the final week of April 25 and reported in via text message to her boss.

Caption: Mock ups of text messages sent between Kate Clift and her boss at Tony's Flowers as part of an unfair dismissal claim. Picture: NCA Newswire.

Caption: Mock ups of text messages sent between Kate Clift and her boss at Tony's Flowers as part of an unfair dismissal claim. Picture: NCA Newswire.

The following week she again took leave after her house was broken into, which she said caused her “trauma and emotional distress”.

However, she did not disclose to her boss that she had gone through a home invasion, instead telling him she felt ill and “chesty”.

She requested one day off but planned to fill other shifts that week.

Ms Clift received a text message from Mr Smith on May 3 saying she had been taken off the roster and should concentrate on her recovery.

However, she was informed via email the following day that she had been sacked.

She described herself as a “dedicated employee” and claims she was let go because her boss was unhappy at her taking unplanned leave.

Tony’s Flowers claimed there was a valid reason for her being dismissed and that it was not harsh, unjust or unreasonable.

The FWC found Ms Clift’s dismissal was ‘unreasonable’. File image. Photo Meghan Kidd / Blackwater Herald

As well, her employment contract stated that her employment could be terminated at any time without any notice.

The company claimed its busiest period was at an end and two other employees were also terminated.

The Fair Work Commission found that her dismissal was “unreasonable” given she had been employed regularly and systematically for over 18 months and there was no discussion of her employment being seasonal.

The commission found that she was likely to have been let go not soon after and could have expected to be employed for another five weeks.

It found she could have expected to be paid $2890 plus super contributions.

She was contacted by the company’s owner, Tony Amorico, who offered to resolve the matter and see if there was any work at their head office.

However, Ms Clift rejected the proposal.

The commission was unable to make a compensation order because it did not have the details of her new employment and ordered that the two parties come to an agreement or she provide further detail.