Monday, September 27, 2010

Hairdresser sacked for Facebook post wins job back - Landmark Ruling

A MELBOURNE hairdresser sacked after criticising her employer on Facebook has successfully challenged her dismissal, but a tribunal has warned workers there could be consequences if they post negative comments about their bosses. 

Sally-Anne Fitzgerald was sacked from her job at Escape Hair Design in February this year, with the owner citing her critical Facebook posting as one of four reasons for dismissing her.

After being issued with a formal warning over her punctuality last Christmas Eve, Fair Work Australia heard Ms Fitzgerald believed she was not paid her holiday pay in cash as she had expected.

She also expected to receive a larger Christmas bonus.

Ms Fitzgerald subsequently posted a comment on her Facebook page that read: "Xmas 'bonus' along side a job warning, followed by no holiday pay!!! Whoooooo! The Hairdressing Industry rocks man!!! AWSOME!!!"

The salon owner, Dianna Smith, cited the posting, Ms Fitzgerald's punctuality, her alleged unauthorised removal of hair product from the premises and her rescheduling of clients as the reasons for her dismissal.

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