A Sydney hairdresser has successfully challenged his dismissal, with the Fair Work Commission finding he was unfairly terminated by his former employer, who is also his ex-partner. The crucial error that led to the ruling involved the salon owner sending termination notices to an old Hotmail account instead of the stylist’s active work email.
Workplace Romance Turns Sour
The case involved Roberto Pozzato and Belinda Morton, owner of TONI&GUY Sydney City. Their personal relationship, which ended in November 2023, was described by both parties as ‘unhealthy’ and ‘volatile’. Despite their breakup, they continued to live together for several months. Tensions escalated in August 2024 when Mr. Pozzato began a new relationship with another stylist at the salon, Megan Johnson.
According to evidence presented to the Fair Work Commission (FWC), Ms. Johnson observed Ms. Morton frequently speaking to Mr. Pozzato in a ‘harsh, belittling and dismissive way’. Mr. Pozzato also claimed that concerns he raised to the salon’s head office were not addressed.
Allegations of Bullying and Harassment
The period following Mr. Pozzato’s new relationship was marked by a series of complaints and counter-complaints. Another stylist, Josh Stewart, testified that his friendship with Mr. Pozzato soured by November 2024, leading him to believe Mr. Pozzato was homophobic and aggressive. Mr. Stewart also alleged that Mr. Pozzato had assaulted his partner, Ms. Johnson, an accusation Mr. Pozzato strongly denied.
The FWC heard that Mr. Stewart recounted an incident where Ms. Johnson allegedly came to him distressed, claiming Mr. Pozzato had assaulted her the previous night. However, Ms. Johnson later disputed this characterization of the interaction, and Mr. Pozzato maintained he did not physically assault her.
Following this, Mr. Pozzato allegedly sent a message to Mr. Stewart admitting to a ‘terrible mistake’ and asking him not to disclose the incident. During a December 2 staff meeting, Mr. Pozzato reportedly apologized for his behavior, acknowledging it as a primary cause of salon tension. Mr. Stewart, however, claimed that immediately after the meeting, Mr. Pozzato confronted him aggressively, asking, ‘Are you going to talk to me now?’ Mr. Stewart asserted that Mr. Pozzato’s conduct then became increasingly intimidating and unprofessional.
Conversely, Mr. Pozzato refuted these claims and stated that he had asked Ms. Morton to cease harassing and bullying him, a claim she denied under cross-examination.
Escalating Workplace Disputes
Ms. Morton testified that she reported the alleged assault to head office and that Ms. Johnson had confided in her about feeling unsafe. The situation continued to deteriorate through December. Ms. Morton accused Mr. Pozzato of passive-aggressive behavior, while he, in turn, accused both Ms. Morton and Mr. Stewart of ‘ratting him out’.
On December 13, Mr. Stewart filed a formal complaint alleging intimidation, bullying, and aggressive behavior from Mr. Pozzato, including being stared down and deliberately bumped into. Ms. Morton subsequently issued Mr. Pozzato a formal warning letter citing intimidation and bullying, linked to an incident outside of work hours. Although the allegations in the letter were not fully tested, Mr. Pozzato was warned that further misconduct could lead to dismissal.
Further complaints followed in January, with Mr. Stewart alleging Mr. Pozzato was slamming objects and giving him ‘death stares’. He also claimed Mr. Pozzato would glare at him and Ms. Johnson when they conversed, sometimes taking Ms. Johnson aside to question her about their discussions.
By June, the disputes had intensified. Mr. Stewart lodged another complaint, alleging that Mr. Pozzato was poaching his clients and had been overheard saying, ‘I was raised a fighter and I fight to win,’ a comment Mr. Stewart perceived as directed at him.
Suspension and Counter-Complaints
As a result of these escalating issues, Mr. Pozzato received another formal warning and was suspended on July 1 pending an investigation by TONI&GUY head office. Three days later, Mr. Pozzato filed a counter-complaint against Mr. Stewart and Ms. Morton, accusing them of bullying and making him feel ‘humiliated and disrespected’.
Three weeks later, Mr. Pozzato received a formal warning from Ms. Morton, based on head office findings of intimidating and bullying behavior towards Mr. Stewart.
Mental Health Leave and Dismissal
From July 25, Mr. Pozzato took personal leave. Upon his return on August 6, he found the salon’s door code had been changed, preventing his entry. On the same day, Ms. Morton advised him to take a break from his National Educator role to focus on his recovery, citing his continued absence from the salon while attending education days. Mr. Pozzato, however, contended that Ms. Morton informed him his educator role would be revoked due to his mental health, impacting his income.
He subsequently lodged a second complaint against Ms. Morton with head office and complained about Mr. Stewart allegedly laughing and smirking at him.
Approximately a week later, Mr. Stewart claimed he overheard Mr. Pozzato telling a client, ‘You never know what can happen. All it takes is for one person to say the wrong thing and it can all be over.’ Mr. Stewart interpreted this as a veiled threat and filed another complaint on August 15.
Mr. Pozzato then took further personal leave, providing a medical certificate stating he had no capacity for work until September 23 due to ‘a major depressive episode with associated anxiety due to workplace bullying and harassment’. He also filed a workers’ compensation claim, which was later rejected as arising from ‘reasonable management action’.
The Hotmail Mistake and FWC Ruling
During this period, Ms. Morton began preparing termination paperwork for Mr. Pozzato. Around September 7, Mr. Pozzato was charged with common assault over an alleged 2021 incident involving Ms. Morton. He denied the allegation, and the charge was dismissed, though he consented to an Apprehended Violence Order.
On September 11, while still on personal leave, Mr. Pozzato received a text from a client indicating he would not be returning to the salon. He then received a call from Ms. Morton, who stated, ‘Check your emails, you’ve been dismissed.’ She forwarded a series of emails she had sent regarding his absence, including one that declared his employment terminated immediately due to job abandonment, as he had not responded or provided required documentation.
However, the FWC heard that Ms. Morton had sent these critical emails to Mr. Pozzato’s dormant Hotmail account, not his active work email address, which they had used for communication in the preceding months. Ms. Morton acknowledged this discrepancy during cross-examination.
Mr. Pozzato maintained he was unfit for work, supported by his medical certificate sent to both Ms. Morton and head office, and had no intention of leaving his job, which was essential for his visa status.
Commission’s Findings and Compensation Awarded
Commissioner Alana Matheson of the FWC suggested it was ‘likely’ Ms. Morton used the Hotmail account intentionally, hoping for a non-response to justify the alleged abandonment of employment. The Commissioner found Mr. Pozzato was dismissed on an ‘incorrect premise’, in an ‘opportunistic way’, and without a valid reason. The impact of the dismissal was heightened by Mr. Pozzato’s visa dependency on his employment.
Commissioner Matheson was not convinced by the misconduct allegations against Mr. Pozzato and acknowledged his talent as a hairdresser. However, due to the significant animosity between Mr. Pozzato and Ms. Morton, reinstatement was deemed unworkable. Consequently, Mr. Pozzato was awarded $1,415.25 in compensation.
In personal news, Mr. Pozzato and Ms. Johnson became engaged in May.
