Yahoo Finance Hairdresser who posted ‘toxic job’ TikTok wins unfair dismissal payout
The Fair Work Commission found Jorja McGennan wasn't given the proper termination procedure despite her 'bad behaviour' at work
A hairdresser will have to pay out a Gen-Z apprentice accused of always being on her phone after she sacked the worker via text. Angela Park had given Jorja McGennan five verbal warnings about her performance before she terminated her from Jade Hair Salon last year.
The Fair Work Commission (FWC) found this week the salon owner had unfairly dismissed McGennan because she did not give her proper written notice or an opportunity to respond when she fired her in a “somewhat spiteful and capricious” text exchange.
Park asked McGennan, who was hired in 2021, to stop using her phone during work hours and told her to clean up her act because she was causing the business to lose some of their biggest clients, the commission heard.
But, the situation escalated when Park was accused of talking negatively about McGennan to a client when she was sick in May. The customer informed McGennan what the salon owner had said, which caused the apprentice hairdresser to confront her boss.
The client said they wouldn’t return to the salon if McGennan was still there because of the “miscommunication”. Park said McGennan did not care that her actions cost the salon one of the “top 10 highest paying clients for 10 years” and sent her a written warning.
The letter noted: “Quality of work not up to standard and not taking ownership of mistakes, always blaming others. Clients not wanting to return to the salon because of your attitude and quality of work and care. Taking sick days without doctor certificates.
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“Talking about yourself to clients, when the clients are there to relax and enjoy their experience in the salon (two verbal warnings prior).”
While the young apprentice was initially given a week to turn her behaviour around, Park decided to send her a message that gave her “two weeks’ notice”. The business owner said” “it’s going round and round with no outcome” and said her final date would be July 15.
The two debated whether she was being forced to resign, or if Park was terminating her.
“I have not resigned or quit, therefore I can stay for the rest of my apprenticeship or you can terminate me,” McGennan texted. “I have no intention to cease my employment this close to my apprenticeship completion date.”
“OK Jorja, I have given you two weeks' notice to terminate your employment,” Park responded.
Park argued a TikTok McGennan posted about “quitting a toxic job” was proof she had resigned.
However, FWC deputy president Nicholas Lake told the tribunal that while it was unwise, it didn’t override Park’s message that mentioned termination.
Lake said McGennan “could have dealt with the situation more professionally” however admitted she was “new to the workforce”. The deputy president also told the salon owner that good communication is key to navigating difficult situations with staff and customers, and that the proper processes need to be followed.
He said there were “procedural deficiencies” from Park that “cannot be overlooked”. He ruled that the young apprentice’s dismissal was “harsh, unjust or unreasonable”.
“What should have been done was to conduct a review of [McGennan’s] performance on July 11, 2023 and give [her] a cooling-off period in addressing the long-term client, instead of deciding to dismiss her on the day she received the written notice,” Lake said.
“As a result, I am satisfied that [Ms McGennan] was unfairly dismissed under s.394 of the Act and is entitled to a remedy under this provision.”
Yahoo Finance has contacted the salon for comment.
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