Gen Z hairstylist wins payout for being fired after ‘gossiping’ at a client, using her phone at work and slamming her ‘toxic’ job on TikTok
A young hairdresser who was sacked for constantly using her phone and ‘talking about herself’ to customers has been awarded a payout from her former employer after lodging an unfair dismissal case with the Fair Work Commission.
The FWC heard that Jorja McGennan had ‘gossiped’ with a client, regularly used her phone at work and slammed her ‘toxic’ job on TikTok.
The Gen Z employee had ‘limited work experience’ before being hired as an apprentice by Summer Jade Hair Salon in Queensland’s Hervey Bay in April 2021.
That The FWC took note of the business owner Angela Park, had given Ms McGennan numerous warnings about “the quality of her work, her work performance, client complaints, mobile phone use and interaction with customers”.
Ms McGennan, in July 2023, allegedly cost the salon one of its most valuable clients due to her behaviour, prompting Ms Park to write an official warning shortly before the apprentice was dismissed.
Young hairdresser Jorja McGennan (pictured) has won a case against her former employer after she was sacked, with a court finding she had not received “procedural” justice
She had also been given ‘five verbal warnings’ about using her phone at work.
‘The quality of work is not up to standard and does not take ownership of mistakes, always blaming others,’ the letter said.
‘Customers who do not want to return to the salon because of your attitude and the quality of work and care. Taking sick days without a doctor’s note.
‘Talking about yourself to clients when clients are there to relax and enjoy their experience in the salon (two verbal warnings beforehand).’
But Ms McGennan had her own complaints, telling the FWC that while she was on sick leave in May 2023, the business owner had ‘spoken negatively’ about her to one of the salon’s long-term customers.
Ms Park said she expressed “disappointment” at Ms McGennan’s behavior “because her actions put pressure on the team and made customers feel uncomfortable, but it was not negative”.
The customer told the apprentice about the conversation at an appointment the following month and Ms McGennan confronted her employer about it.
Ms Park said she believed it had been a “misunderstanding” and asked the young employee to “explain this to the client and offer an apology for this issue to be resolved”, said the FWC judgment handed down on Wednesday.
The customer decided not to go back to the premises and said she ‘felt uncomfortable (doing so) while (Ms McGennan) was in the salon following the miscommunication’.
After giving her the warning letter, Ms Park told Ms McGennan she had a week to improve her performance, but after some further tension, she texted her later that day.
‘It’s clear this is going nowhere,’ she wrote. ‘I think the best thing is that I give you two weeks’ notice.
‘I have come to this conclusion because the problems are not being fixed. It goes round and round with no result. Your last date will be Saturday 15 July. Sorry, it’s come to this.’
An argument then ensued over whether Mrs McGennan had resigned or been fired.
“I have not quit or quit, therefore I can stay for the rest of my apprenticeship or you can fire me,” the apprentice later said.
‘I have no intention of terminating my employment so close to the end of my apprenticeship.’
“OK Jorja, I have given you two weeks notice to terminate your employment,” Ms Park replied.
Ms McGennan submitted her unfair dismissal claim that day and the case was heard in October by FWC Deputy President Nicholas Lake, who on January 31 ruled in her favour.
Staff are pictured at Summer Jade Hair Salon in Queensland’s Hervey Bay
Ms Park had told the hearing about a TikTok clip posted by Ms McGennan on July 18 “which referenced quitting a toxic job as evidence of (she) quitting”.
“Although (Ms McGennan) acknowledged that this was an unwise decision, it did not change the fact that the employment was terminated by (Ms Park) via text on July 4, 2023,” Mr. Lake.
He also said that while the apprentice had told Ms Park that she intended to resign at the end of her apprenticeship in October 2023, this was a “heat of the moment” comment and she had in fact been fired.
Lake added that while Ms Park was entitled to be “frustrated” at losing a long-term client, “the incident could have been better managed”.
‘The nature of the industry requires communication skills with clients who can raise a range of issues. One topic raised in this case was a discussion about a workplace situation.
“It is likely that Ms. Park’s comment to the long-term client on June 13, 2023 may have been a passing comment that was misinterpreted by the client.”
The commissioner said the comments were “a misunderstanding through gossip shared between (Ms McGennan) and the long-term client”.
“(She) may not have had the context when she heard about the comments from the long-term client which led to tension between (Ms McGennan) and (Ms Park).”
The FWC accepted there was a “valid reason” for Ms McGennan’s dismissal due to her overall behaviour, but said the ultimate reason appeared to be “something malicious and capricious”.
That reason was “happy to lose one of Summer Jade Hair Salon’s top 10 highest paying clients for 10 years because you think you’re right with no consequences”.
Sir. Park said the young worker had not been given proper notice or an opportunity to respond after receiving the formal warning letter before she was fired.
“I note that (Ms McGennan) could have handled the situation more professionally,” he said.
The commission also noted that the apprentice was new to the workforce and there will be situations where she may be uncomfortable.
‘(Ms McGennan) could have at least discussed the misunderstanding and asked the long-term client to come back to the salon.’
Ultimately, the FWC found that “the number of procedural deficiencies cannot be overlooked and support the finding that (Ms McGennan’s) dismissal was harsh, unfair or unreasonable”.
The Fair Work Commission heard that Gen Z woman Jorja McGennan had ‘gossiped’ with a client, regularly used her phone at work and slammed her ‘toxic’ job on TikTok (stock image)
‘What should have been done was to conduct a review of (Ms McGennan’s) performance on 11 July 2023 and give (her) a cooling-off period to approach the long-term client, rather than deciding to dismiss her on day she received the written notice,’ Mr Park said.
“As a result, I am satisfied that (she) was wrongfully dismissed under section 394 of the Act and is entitled to a remedy under that provision.”
A hearing will be held at a later date to determine if there is an “appropriate remedy”.
The Washington News Australia has contacted Ms Park and Summer Jade Hair Salon for comment.