A “gossiping” Gen Z hairdresser, Jorja McGennan, has won a payout after a tribunal found she was unfairly dismissed from her job at Summer Jade Hair Salon in Hervey Bay, Queensland.
McGennan, an apprentice with limited experience, was sacked in July 2023 for repeatedly using her phone at work and speaking about herself to clients.
The Fair Work Commission (FWC) ruled that she was not given proper procedural fairness during her dismissal.
Gen Z faced allegations of phone use and gossiping from multiple staff at the salon.
McGennan began her apprenticeship in April 2021 but faced multiple warnings from salon owner Angela Park about her work performance, phone usage, and client interactions.
Despite receiving five verbal warnings, McGennan continued to have issues with her conduct, including client complaints and not owning up to mistakes.
Park issued a formal warning letter, citing McGennan’s behavior and poor quality of work.
McGennan was laid off following phone use and gossiping while working
The situation escalated when McGennan allegedly caused the loss of one of the salon’s highest-paying clients due to her attitude and unwillingness to take responsibility for her actions.
McGennan’s continued use of her phone during work hours and personal conversations with clients were flagged as major concerns.
In addition, she was accused of talking about herself when clients expected a relaxing experience.
In a letter, McGennan was accused of her attitude while working, “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. Talking about yourself to clients, when the clients are there to relax and enjoy their experience in the salon (two verbal warnings prior).”
After the warning letter, McGennan and Park exchanged heated messages about her future at the salon. Park suggested a two-week notice period for McGennan, who insisted she had not resigned.
Park ultimately sent McGennan a text informing her that her employment was terminated. The disagreement over whether McGennan had quit or was fired led to a legal dispute. McGennan filed an unfair dismissal claim.
McGennan insisted “I have not resigned or quit, therefore I can stay for the rest of my apprenticeship or you can terminate me. I have no intention to cease my employment this close to my apprenticeship completion date,” she texted.
Tribunal finds unfair dismissal and procedural flaws
During the tribunal hearing, the salon owner referenced a TikTok video posted by McGennan, which mentioned quitting a “toxic job,” as evidence of resignation.
However, the commission ruled that the video did not change the fact that McGennan was dismissed. It was determined that McGennan had not been provided with proper notice or a chance to respond to the warning letter before being fired.
Previously, Park had expressed her disappointment to a long-term client about McGennan’s conduct.
This led to a misunderstanding when the client later shared the conversation with McGennan
The tribunal acknowledged that McGennan’s conduct could have been more professional.
However, it found that the way the situation was handled contributed to her unfair dismissal.
McGennan had not been given the opportunity to address the issues despite her shortcomings. As a result, the dismissal was deemed “harsh, unjust, or unreasonable.”
The tribunal also identified multiple procedural deficiencies that supported the unfair dismissal conclusion. It concluded that McGennan was entitled to a remedy, with a hearing to determine the specifics to be held later