Late night Facebook rant led to unfair dismissal

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Late night Facebook rant led to unfair dismissal

A hairdresser who was fired by her boss during a late night social media rant has won her unfair dismissal claim.

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A hairdresser who was fired by her boss during a late night social media rant has won her unfair dismissal claim.

On December 6 last year, the salon owner used Facebook Messenger to ask the female worker whether he had a 9am appointment the next day. When the woman didn’t answer he began to threaten her with dismissal.

She finally answered and explained that her phone had died. She said she had answered his message, but it mustn’t have sent.

The worker tried to call her boss but he did not answer, instead continuing his tirade about trust, respect and attitude.

Eventually, the worker said she was too stressed to come in the following day and her boss wrote:

“I will cut you from my fold. Good luck girl as u will need it. Haha remember central caost (sic) no one will uire (sic) you as you r!”

The woman then wrote that she “quit”, to which he replied “Good bye looser (sic).”

'Conspiracy theory'


The Fair Work Commission ruled there was no evidence of a valid reason for the woman’s dismissal and said the employer seemed to have acted on some sort of “conspiracy theory”.

There was no suggestion of unsatisfactory performance by the worker, who enjoyed her job and was looking forward to managing a new salon for her employer.

She found another job four weeks later, at a different salon.

The FWC branded the woman’s dismissal as “harsh and unfair” and ordered that her former employer reimburse her four weeks’ pay and superannuation entitlements for the same period.

Read the judgment


JM v Alphaeus Hair Salon [2018] FWC 2642 (18 May 2018)


This article originally appeared on the website of Chamber of Commerce and Industry WA. Republished with permission.
 
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