Gen Z hairstylist gets payout as she gets fired after 'gossiping' with a client, using her phone at work and posting her 'toxic' job on TikTok

A young hairdresser who was dismissed for constantly using her phone and 'talking about herself' to customers has been awarded a payout by her former employer after filing an unfair dismissal case with the Fair Work Commission.

The FWC heard Jorja McGennan was 'gossiping' with a client, regularly using her phone at work and posting her 'toxic' job on TikTok.

The Gen Z employee had “limited work experience” before being accepted as an apprentice at Summer Jade Hair Salon in Queensland's Hervey Bay in April 2021.

The FWC took note of the company owner Angela Park had given Ms McGennan several warnings about 'the quality of her work, her job performance, customer complaints, use of mobile phones and interactions with customers'.

Ms McGennan is said to have cost the salon one of its most valuable customers in July 2023 due to her behavior which prompted Ms Park to write an official warning shortly before the apprentice was dismissed.

She had also received 'five verbal warnings' about using her phone at work.

“The quality of the work is not up to standard and we do not take responsibility for errors and always blame others,” the letter said.

'Customers who no longer want to return to the salon because of your attitude and quality of work and care. Taking sick days without doctor's certificates.

'Talking about yourself to clients while the clients are there to relax and enjoy their experience in the salon (two verbal warnings in advance)'

But Ms McGennan had her own complaints, telling the FWC that while she was ill in May 2023, the business owner had spoken 'negatively' about her to one of the salon's regular customers.

Ms Park said she was 'disappointed' with Ms McGennan's behavior 'as her actions put pressure on the team and made customers feel uncomfortable, but it was not negative'.

The client told the student about the conversation at a meeting the following month, and Ms McGennan confronted her employer.

Ms Park said she believed it was a “misunderstanding” and asked the young employee to “explain this to the customer and apologize for the resolution of this matter”, according to the FWC ruling handed down on Wednesday.

The customer decided not to return to the premises, saying she 'felt uncomfortable doing so whilst (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 it would be best if I gave you two weeks' notice.

'I have come to this conclusion because the problems are not being resolved. It just keeps going around with no results. Your last date is Saturday July 15th. Sorry it got to this point.'

A discussion ensued over whether Ms McGennan had resigned or was being dismissed.

“I didn't resign, so I can stay for the rest of my internship, or you can fire me,” the student said later.

“I do not intend to terminate my employment this close to the completion date of my internship.”

“Okay Jorja, I have given you two weeks' notice to terminate your employment,” Ms. Park replied.

Ms McGennan lodged her unfair dismissal application that day and the case was heard in October by FWC vice-president Nicholas Lake, who ruled in her favor on January 31.

Ms Park had told the hearing about a TikTok clip posted by Ms McGennan on July 18 'which referred to leaving a toxic job as evidence that (she) resigned'.

“While (Ms McGennan) acknowledged that this was an unwise decision, it did not change the fact that the employment relationship was terminated by (Ms Park) via text message on July 4, 2023,” Mr Lake wrote.

He also said that although the student had told Ms Park she intended to resign at the end of her internship in October 2023, this was a 'heat of the moment' comment and she had in fact been dismissed.

Mr Lake added that while Ms Park was rightly 'frustrated' at the loss of a long-term customer, 'the incident could have been better managed'.

'The nature of the industry requires communication skills with clients that can raise a range of topics. One topic that came up in this case was a discussion about a workplace situation.

“It is likely that Ms. Park's comment to the long-term customer on June 13, 2023 was a casual comment that was misinterpreted by the customer.”

The commissioner said the comments “became a misunderstanding due to gossip shared between (Ms McGennan) and the long-term client.”

“(She) may not have had the context when she heard about the long-term client's comments that 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 conduct, but said the final reason given appeared to be 'somewhat spiteful and capricious'.

That reason was “happy to lose one of Summer Jade Hair Salon's 10 highest paying customers in 10 years, because you think you're right, with no consequences.”

Mr Park said the young employee was not given proper notice or an opportunity to respond after receiving the formal warning letter before she was dismissed.

“I note that (Ms McGennan) could have handled the situation more professionally,” he said.

The committee also noted that the student was new to the job market “and that there will be situations where this may be uncomfortable for her.”

'(Ms McGennan) could have at least discussed the misunderstanding and asked the regular customer to come back to the salon.'

Ultimately, the FWC found that 'the number of procedural deficiencies cannot be overlooked and support a finding that (Ms McGennan's) dismissal was harsh, unjust or unreasonable'.

'What should have been done was to conduct a review of (Ms McGennan's) performance on July 11, 2023 and give her a cooling-off period in addressing the long-term client, rather than deciding to dismiss her on the day they I have received the written notice,” Mr Park said.

“As a result, I am satisfied that (she) has been wrongfully dismissed under section 394 of the Act and is entitled to a remedy under this provision.”

A hearing will take place at a later date to determine an 'appropriate resolution'.

Daily Mail Australia has contacted Ms Park and Summer Jade Hair Salon for comment.