A Sydney hairdresser has efficiently challenged his dismissal from a outstanding salon, with a office tribunal discovering he was unfairly terminated by his former lover and employer. The case, heard on the Truthful Work Fee (FWC), concerned allegations of bullying, harassment, and intimidation, culminating in a dispute over communication strategies that led to the hairdresser’s win.
Roberto Pozzato, an Italian nationwide, took TONI&GUY Sydney Metropolis to the FWC, alleging unfair dismissal by salon proprietor Belinda Morton. The pair had been in a relationship that resulted in November 2023, although they continued to dwell collectively for a number of months afterward. Their relationship was described by each events as ‘unhealthy’ and ‘unstable’ throughout proceedings.
Office Romance and Escalating Tensions
Tensions inside the York Road salon reportedly escalated in August 2024 when Mr. Pozzato started a brand new relationship with fellow stylist Megan Johnson. Ms. Johnson testified on the FWC, stating she continuously witnessed Ms. Morton chatting with Mr. Pozzato in a ‘harsh, belittling and dismissive approach’. Mr. Pozzato corroborated this, including that his considerations raised to the salon’s head workplace weren’t adequately addressed.
The state of affairs turned extra complicated with conflicting accounts from different workers. Hairstylist Josh Stewart supplied proof suggesting that by November 2024, he seen Mr. Pozzato as homophobic and aggressive, and alleged he had assaulted his companion, Ms. Johnson. Mr. Pozzato strongly denied these accusations.
Mr. Stewart recounted an incident in November 2024 the place he claimed Ms. Johnson approached him distressed, alleging Mr. Pozzato had assaulted her the earlier night time. Nonetheless, Ms. Johnson later disputed this characterization of the interplay, and Mr. Pozzato denied any bodily assault occurred.
Following this, Mr. Pozzato allegedly messaged Mr. Stewart, admitting he had made a ‘horrible mistake’ and asking him to maintain the incident non-public. Throughout a December 2 workers assembly, Mr. Pozzato reportedly apologized for his habits, acknowledging it as a main reason for salon rigidity. Nonetheless, Mr. Stewart claimed that instantly after the assembly, Mr. Pozzato behaved intimidatingly in direction of him.
Allegations of Bullying and Harassment
In keeping with the FWC judgment, Mr. Stewart alleged that Mr. Pozzato’s habits turned more and more intimidating and unprofessional from that time. Mr. Pozzato refuted this account, stating that he had additionally requested Ms. Morton to ‘cease harassing and bullying him’ throughout this era, a declare she denied underneath cross-examination.
Ms. Morton testified that she had reported the alleged assault to move workplace and that Ms. Johnson had confided in her about feeling unsafe. The FWC choice famous that tensions continued to worsen via December, with Ms. Morton accusing Mr. Pozzato of passive-aggressive habits and Mr. Pozzato accusing each Ms. Morton and Mr. Stewart of ‘ratting him out’.
On December 13, Mr. Stewart filed a criticism detailing alleged aggressive staring, close to collisions, and deliberate banging of objects by Mr. Pozzato. Subsequently, Ms. Morton issued Mr. Pozzato a proper warning letter citing intimidation, bullying, and name-calling, linked to an incident exterior work hours. Mr. Pozzato denied these allegations, however the letter warned that additional comparable habits may result in dismissal.
Additional Complaints and Suspension
In January, Mr. Stewart lodged one other criticism, alleging Mr. Pozzato was slamming objects and giving him ‘demise stares’. He additionally claimed Mr. Pozzato would glare at him and Ms. Johnson once they spoke, and would take Ms. Johnson apart to query her about their conversations.
By June, the state of affairs had considerably deteriorated. Mr. Stewart filed a criticism alleging Mr. Pozzato was poaching his shoppers and had been overheard saying, ‘I used to be raised a fighter and I battle to win,’ a remark Mr. Stewart interpreted as being directed at him. This led to a proper warning for Mr. Pozzato and, on July 1, a suspension pending an investigation by TONI&GUY head workplace.
Three days later, Mr. Pozzato lodged a counter-complaint towards Mr. Stewart and Ms. Morton, accusing them of bullying and making him really feel ‘humiliated and disrespected’. Three weeks after that, Mr. Pozzato acquired one other formal warning from Ms. Morton, based mostly on head workplace findings of intimidating and bullying habits in direction of Mr. Stewart.
Psychological Well being Go away and Dismissal
From July 25, Mr. Pozzato took private go away. Upon his return on August 6, he discovered the salon’s door code had been modified, stopping his entry. Ms. Morton suggested him to take a break from his Nationwide Educator function to give attention to restoration, citing his absence from the salon whereas nonetheless attending training days. Mr. Pozzato, nonetheless, claimed Ms. Morton acknowledged his educator function can be revoked as a result of his psychological well being, impacting his revenue.
He lodged a second criticism towards Ms. Morton and in addition complained about Mr. Stewart laughing and smirking at him. Round August 15, Mr. Stewart claimed he overheard Mr. Pozzato making a remark to a shopper that felt like a veiled risk. Mr. Stewart subsequently filed one other criticism.
Mr. Pozzato then took additional private go away, acquiring a medical certificates stating he had no capability for work till September 23 as a result of ‘a significant depressive episode with related nervousness as a result of office bullying and harassment’. He additionally filed a employees’ compensation declare, which was rejected as arising from ‘affordable administration motion’.
Throughout this era, Ms. Morton started making ready termination paperwork for Mr. Pozzato’s employment. Round September 7, Mr. Pozzato was charged with widespread assault over an alleged 2021 incident involving Ms. Morton. He denied the allegation, and the cost was dismissed, although he consented to an Apprehended Violence Order.
The Essential E mail Error
On September 11, whereas nonetheless on private go away, Mr. Pozzato acquired a textual content from a shopper indicating he wouldn’t be returning to the salon. He then acquired a name from Ms. Morton, who advised him to ‘Examine your emails, you’ve got been dismissed.’ Ms. Morton forwarded a collection of emails concerning his absence, stating the corporate thought-about his job deserted as a result of non-response and lack of paperwork, resulting in quick termination.
Nonetheless, a crucial element emerged: Ms. Morton had been sending these pressing emails to Mr. Pozzato’s dormant Hotmail account, not his lively work e-mail, a discrepancy she acknowledged throughout cross-examination. Mr. Pozzato maintained he was unfit for work, supported by a medical certificates despatched to each Ms. Morton and head workplace, and had no intention of leaving his job, which was essential for his visa standing.
FWC Ruling and Compensation
Commissioner Alana Matheson of the FWC advised that Ms. Morton possible used the private Hotmail account within the hope that Mr. Pozzato wouldn’t reply, permitting her to say job abandonment. The Commissioner discovered Mr. Pozzato was dismissed on an ‘incorrect premise’, in an ‘opportunistic approach’ and with out a legitimate purpose. The influence of the dismissal was compounded by Mr. Pozzato’s visa standing being depending on his employment.
Whereas acknowledging Mr. Pozzato as a proficient hairdresser, the Commissioner was not persuaded by the misconduct allegations. Because of the important animosity between Mr. Pozzato and Ms. Morton, reinstatement was deemed unworkable. As a substitute, the FWC awarded Mr. Pozzato $1,415.25 in compensation for his unfair dismissal.
Mr. Pozzato and Ms. Johnson turned engaged in Might.
