Think before you post on social media

An apprentice at a hair salon, accused of excessive phone use, has been found to have been unfairly dismissed via text message. The Salon owner, Ms Park, had previously issued verbal warnings to Ms McGennan regarding her performance, before abruptly terminating her from Jade Hair Salon. The Fair Work Commission (FWC) ruled that McGennan’s dismissal was unfair, as she was not provided an opportunity to respond or rectify any alleged deficiencies, with the text exchange between the pair deemed “spiteful and capricious.” 

Initially, Park had verbally warned McGennan about her phone use during work hours and criticized her performance for causing the salon to lose clients. The situation worsened when Park was accused of speaking negatively about McGennan to a client which was later perceived to be a misunderstanding on McGennan’s behalf. Following this, Park issued a written warning citing various issues including quality of work and her attitude initially providing a week to turn her behaviour around. Despite this, Park informed McGennan via text message on the same day the warning notice was received, effectively giving her  "two weeks' notice" terminating her employment.

Despite debate over whether McGennan resigned or was terminated, with the Respondent referring to a TikTok clip reposted by the Applicant which referenced “quitting a toxic job” the FWC found that this did not change the fact that the employment relationship was ended by the Respondent, concluding that McGennan's dismissal was unjust.

The FWC highlighted procedural deficiencies on Park's part and emphasized the importance of proper communication and following due processes. While it was noted that the Applicant could have dealt with the situation more professionally, the number of procedural deficiencies overruled any notion of this dismissal not being harsh, unjust or unreasonable. The Applicant was never given the opportunity to improve following their written warning as she was dismissed on the same day this notice was received.

This case stresses the importance of being mindful and weary about what you post online- it often is there forever and can end up being used against you- whether it’s a TikTok, Facebook post or Instagram story- its crucial to stay professional and keep records of everything.