Sens Coffee Co: The inside story of how one worker was fired because 'he didn't text with the smiley emoji'

The worker who was allegedly fired for failing to include an emoji in a text message to his boss has been released to his former employer, in a somewhat ironic fashion.

Kristen Gordon told Daily Mail Australia the only comment she wanted to make about her ordeal, in which she was fired from the Gold Coast cafe where she worked, was the eyeroll emoji.

Ms Gordon won the Fair Work Commission case against the Sens Catering group, a business that operates two Gold Coast cafes and one in the city of Brisbane – after she was fired on March 13 this year.

FWC heard co-owner Phoebe Wang ordered a manager to fire Ms Gordon, who was a casual supervisor at the Southport cafe, following a dispute over the rosters.

A colleague told the hearing that Wang, co-owner of Jerry Chen, became angry over the text messages from Ms Gordon, believing they were ‘unfriendly’ because workers did not use smiley emoji.

Ms Gordon (pictured) says her response to her ordeal with her former employer has been ’emoji swirls’

The Fair Work Commission hearing heard Phoebe Wang (pictured) order Ms Gordon to be fired after she did not include a smiley emoji in the message.

Although Ms Gordon is a regular person, she works full time and is in charge of the staff roster, FWC heard.

A colleague told the Commission that Wang, who started Chen’s Gold Coast business in December while he was overseas, became angry after receiving a message from Gordon about staffing issues.

Ms Gordon said Ms Wang’s trial had staff from Sens Café sent to their other shop, Goya Café, leaving the former staff short.

He explained that he didn’t agree with this business move, which happened frequently, and brought it up in a text exchange with Wang.

After receiving the message, Wang allegedly smashed his cell phone on the counter, jumping up and down shouting to a manager ‘fire him right now!’

The colleague said he asked to see the message to understand why Wang was so angry, and thought it was normal.

Ms Gordon (pictured at the cafe) works as a freelancer but works full time, with her role involving helping with staff lists

The Commission heard Wang say that Gordon argued with him and because the message did not have an emoji, it showed his tone of voice was impolite.

Although his colleague explained that that was how Ms Gordon wrote the text, Wang was allegedly angry and kept repeating that he should be fired.

Ms Gordon told FWC she had been told Ms Wang had repeatedly stated she ‘didn’t add a smiley face! No emotion!’

The former supervisor said he didn’t realize that the ‘completely plausible text message was so upsetting’.

The colleague told FWC that Ms Wang’s outburst was ‘a very aggressive and very uncomfortable display’.

That afternoon, the colleague said Wang offered Gordon the job, saying: ‘Are you worried about hurting his feelings?

FWC heard that Ms Gordon was a casual supervisor at a Southport business cafe (pictured) for 18 months

“Don’t worry about that we’ve been wanting to get rid of Kristen for a long time.”

The following afternoon, after he had worked a full shift, a manager informed Gordon that they had been forced to fire him.

He filed his case with the FWC the next day.

Chen however denied the emoji allegations, telling Daily Mail Australia that the firing was in response to a roster argument.

“Common sense tells you it was a joke,” Chen said, responding to claims that Gordon was fired because he didn’t use emoji.

Chen said he and Wang were deeply disappointed by this story, but ‘accept the decision the FWC has made’.

Fair Work Commissioner Chris Simpson noted the pair did not attend the hearing on July 1 after ‘indicating that they did not wish to participate’.

In presenting his findings, Mr Simpson said: ‘based on the evidence before me, I am satisfied that Ms Gordon was dismissed and that the dismissal was harsh, unfair or unreasonable and an order for compensation should be made.’

However, Chen said the couple could not attend the FWC hearing because he was overseas and Wang was in Perth to fulfill work commitments.

Kristen Gordon (pictured) won an unfair dismissal case after she was fired from the Sens Catering group in March this year

“Phoebe and I didn’t attend the hearing because we wanted to stay out of trouble,” he said. ‘That’s why we gave Kristen the space to create her own story with Fair Work.

Chen, who has been stuck in China for the past six months due to flight cancellations due to Covid, said he was eager to return to Australia to help Wang, who had taken care of business after the previous general manager was sacked.

He said he could handle his affected business but was worried about Wang being attacked when he sacrificed his weekends to help her.

Emojis like this are apparently very less than text messages, commission to hear it

‘We just want to live in peace. I shouldn’t have left him alone with all this trouble,” he said.

‘I am responsible for any consequences. I don’t want to fight, I just hope Phoebe can be at peace.

‘So unfair to small business owners, we work hard but employees can always call Fair Work for nuts. And they always win.’

Mr Simpson found Ms Gordon was laid off on March 13, although Ms Wang’s attempts to do so looked as though she had given the employee an opportunity to respond to the reasons for the termination.

In material filed before the hearing, Sens Catering Group Pty Ltd claimed that Gordon was offered two weeks of paid leave ‘in good faith’ during the chat a week after he was dismissed, and that Ms Gordon agreed to return to work thereafter.

No one representing the business group attended the referral hearing and no further material was submitted on their behalf.

“The Respondent may be aware that the Petitioner disputed his dismissal because the application for unfair dismissal was filed on March 14,” Commissioner Simpson said.

‘I am inclined to the view that Ms Wang offered the Applicant additional payments as a casual employee and a period of ‘paid leave’, and a potential future offer of another job with another business at the end of that period. ‘exiting’ is an attempt to resolve a dispute about a previous dismissal, rather than an offer to cancel the termination, or to try to maintain a claimed odd job relationship.’

Sens Catering Group Pty Ltd was ordered to pay Ms Gordon $5,357.80, plus a pension benefit of 9.5 percent of the amount paid to her nominated fund.

Sens Catering Group Pty Ltd ordered to pay Ms Gordon $5,357.80, plus 9.5 percent retirement benefits

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