Facebook Victory - Employee's Unfair Dismissal

A hairdresser is Melbourne who was sacked after posting comments about her employer has sucessfully challenged her unfair dismissal, which is a fair warnings to all those employers out there who dispute over employees and their facebook.S. 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.

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.

She said it was well accepted that behaviour outside working hours might have an impact on employment. Ms Fitzgerald did not name the salon and there was no suggestion that this information was readily available on her page.

Ms Bissett found the termination of Mr Fitzgerald's employment to be harsh, unjust and unreasonable and awarded her $2340 in compensation.

For up-to-date cases about workplace and employment get TimeBase Case Law.