Hairdresser sacked for Facebook post wins job back



By Ewin Hannan

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.

Ms Fitzgerald argued the posting was a communication among her Facebook “friends” and it did not identify the salon.

In her ruling, Commissioner Michelle Bissett said Ms Smith became aware of the Facebook post because a person – who she would not reveal – told her.

“Postings on Facebook and the general use of social networking sites by individuals to display their displeasure with their employer or a co-worker are becoming more common,” Ms Bissett said.

“What might previously have been a grumble about their employer over a coffee or drinks with friends has turned into a posting on a website that, in some cases, may be seen by an unlimited number of people.

“Posting comments about an employer on a website that can be seen by an uncontrollable number of people is no longer a private matter but a public comment.”

She said it was well accepted that behaviour outside working hours might have an impact on employment.

She added Ms Fitzgerald did not name the salon and there was no suggestion that this information was readily available on her page.

Article from News.com.au