Jorja McLennan prevails in unfair dismissal claim against Queensland salon

In a legal victory for apprentice hairdresser Jorja McGennan, an Australian tribunal has ruled in favour of her unfair dismissal claim against Summer Jade Hair Salon in Queensland. The saga unfolded after McGennan, who was accused of using her phone during work hours and ‘gossiping,’ posted a TikTok video describing her decision to quit a perceived toxic job.

The apprentice, only months away from completing her apprenticeship, faced termination due to alleged issues with work quality, performance, client complaints, mobile phone usage, and client interactions. Salon owner Angela Park claimed that verbal warnings had failed to bring about improvements.

The turning point occurred when a high-paying, regular client opted not to return to the salon, leading to a warning letter for McLennan and subsequent termination. The apprentice, on sick leave, returned to allegations that Park had spoken negatively about her, creating discomfort for a client.

The tribunal revealed that the termination decision came through a text message from Park, suggesting a lack of resolution to ongoing problems. McGennan, contesting her sacking, clarified that she had not resigned but was terminated, leading to an unfair dismissal claim.

Deputy President Nicholas Lake acknowledged the salon’s frustration over losing a long-term client but criticized the handling of the situation. Lake ruled that while there was a valid reason for dismissal, the decision lacked professionalism, appearing somewhat spiteful and capricious.

The tribunal found procedural deficiencies and deemed McGennan’s dismissal as harsh, unjust, or unreasonable, leading to a ruling in her favour. A hearing will determine the appropriate remedy for the unfair dismissal.

As the legal battle unfolds, McGennan’s case underscores the complex dynamics between employers and employees in the contemporary workplace, especially in the age of social media expression.