A young hairdresser sacked for constantly using her phone and ‘talking about herself’ to clients, 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 been ‘gossiping’ to a client, regularly used her phone at work and slammed her ‘toxic’ job on TikTok.
The Gen Z employee had ‘limited work experience’ before she was taken on as an apprentice by Summer Jade Hair Salon in Queensland’s Hervey Bay in April, 2021.
The FWC noted the business owner Angela Park, had given Ms McGennan several warnings about ‘the quality of her work, her work performance, client complaints, mobile phone usage and interaction with clients’.
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 tribunal finding she had not receive ‘procedural’ fairness
She had also been given ‘five verbal warnings’ about using her phone at work.
‘Quality of work not up to standard and not taking ownership of mistakes, always blaming others,’ the letter said.
‘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).’
But Ms McGennan had her own complaints and told the FWC that while she was off sick 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’ with Ms McGennan’s conduct ‘because her actions put pressure on the team and made clients 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 thought 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’, the FWC ruling, handed down on Wednesday, said.
The customer decided not to go back to the premises, saying she ‘felt uncomfortable (doing so) while (Ms McGennan) was at the salon after 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, sent her a text later that day.
‘Clearly this is going nowhere,’ she wrote. ‘I believe the best thing is for me to give you two weeks’ notice.
‘I’ve come to this conclusion because the problems aren’t being rectified. It’s going round and round with no outcome. Your final date will be Saturday July 15. Sorry it has come to this.’
An argument over whether Ms McGennan had resigned or was sacked then followed.
‘I have not resigned or quit, therefore I can stay for the rest of my apprenticeship or you can terminate me,’ the apprentice later said.
‘I have no intention to cease my employment this close to my apprenticeship completion date.’
‘OK 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 deputy president Nicholas Lake, who on January 31 ruled in her favour.

Staff members are pictured at the 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 (she) resigned’.
‘Although (Ms McGennan) acknowledged this was an unwise decision, it did not change the fact that the employment relationship was ended by (Ms Park) via text on July 4, 2023,’ Mr Lake wrote.
He also said that while the apprentice had told Ms Park 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.
Mr Lake added that although Ms Park was justified in being ‘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 may raise an array of topics. A topic raised in this instance 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 which was misinterpreted by the client.’
The commissioner said the comments became ‘a misunderstanding through gossip shared between (Ms McGennan) and the long-term client’.
‘(She) may not have had the context when hearing about the comments from the long-term client which led to tension between (Ms McGennan) and (Ms Park).’
The FWC accepted that there was a ‘valid reason’ for Ms McGennan’s sacking over her overall conduct, but said the ultimate reason provided appeared to be ‘somewhat spiteful 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 are right with no ramifications’.
Mr Park said the young worker had not been given proper notice or an opportunity to respond after getting the formal warning letter before she was sacked.
‘I note that (Ms McGennan) could have dealt with the situation more professionally,’ he said.
The commission also noted that the apprentice was new to the workforce ‘and there are going to be situations where it may be disagreeable to her.
‘(Ms McGennan) could have at least discussed the misunderstanding and ask the long-term client to come back to the hair salon.’
Ultimately, the FWC found ‘the number of procedural deficiencies cannot be overlooked and support the finding that (Ms McGennan’s) dismissal was harsh, unjust or unreasonable’.

The Fair Work Commission heard that Gen Z woman Jorja McGennan had been ‘gossiping’ to 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 July 11, 2023 and give (her) a cooling-off period in addressing the long-term client, instead of deciding to dismiss her on the day she received the written notice,’ Mr Park said.
‘As a result, I am satisfied that (she) was unfairly dismissed under s.394 of the Act and is entitled to a remedy under this provision.’
A hearing will be conducted at a later date to determine an ‘appropriate remedy’.
Daily Mail Australia has contacted Ms Park and Summer Jade Hair Salon for comment.
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