A stylist at a TONI&GUY salon has won an unfair dismissal claim after a workplace dispute stemming from a toxic relationship with his boss, who is also his ex-partner, escalated into accusations of job abandonment. The case, heard by the Fair Work Commission (FWC), involved allegations of bullying, harassment, and intimidation.
Roberto Pozzato, an Italian national, took his former employer, TONI&GUY Sydney City, to the FWC, alleging he was unfairly dismissed by salon owner Belinda Morton. Their relationship ended in November 2023, but they continued to live together until August 2024, when Mr. Pozzato began a relationship with another stylist at the salon, Megan Johnson.
Ms. Johnson testified that she frequently observed Ms. Morton speaking to Mr. Pozzato in a harsh and dismissive manner. Mr. Pozzato also stated that his concerns raised to the company's head office were not acted upon. Another stylist, Josh Stewart, provided evidence that he initially befriended Mr. Pozzato but later developed a negative view, making allegations of homophobia, aggression, and assault against Mr. Pozzato, which were strongly denied.
Mr. Stewart claimed an incident occurred in November 2024 where Ms. Johnson was distressed, alleging Mr. Pozzato had assaulted her. However, Ms. Johnson later disputed this characterization, and Mr. Pozzato denied any physical assault. Mr. Pozzato reportedly sent a message to Mr. Stewart stating he had made a "terrible mistake" and asked him not to disclose the incident. During a December staff meeting, Mr. Pozzato apologized for his behavior, which he acknowledged contributed to salon tension. Following the meeting, Mr. Stewart alleged Mr. Pozzato became increasingly intimidating.
Ms. Morton testified that she reported an alleged assault to head office and that Ms. Johnson confided in her about feeling unsafe. Tensions reportedly worsened in December, with Ms. Morton alleging passive-aggressive behavior from Mr. Pozzato, who accused both her and Mr. Stewart of betrayal. Mr. Stewart lodged a formal complaint in mid-December alleging intimidation and bullying.
Mr. Pozzato received a formal warning letter from Ms. Morton concerning allegations of intimidation, bullying, and name-calling, reportedly linked to an incident outside work hours. He denied these allegations. In January, Mr. Stewart filed another complaint regarding Mr. Pozzato's alleged slamming of objects and "death stares." Mr. Stewart also stated that Mr. Pozzato would glare at him and Ms. Johnson when they spoke and would question Ms. Johnson about their conversations.
By June, relations had further deteriorated, with Mr. Stewart filing a complaint about Mr. Pozzato allegedly poaching clients and making a comment that Mr. Stewart felt was directed at him. This led to another formal warning for Mr. Pozzato and a suspension pending an investigation by TONI&GUY head office.
Three days later, Mr. Pozzato filed a counter-complaint against Ms. Morton and Mr. Stewart for bullying and humiliation. Weeks later, he received a formal warning citing head office findings of intimidating behavior and bullying against Mr. Stewart. From late July, Mr. Pozzato took personal leave, returning in early August to find the salon's door code had been changed.
On August 6, Ms. Morton advised Mr. Pozzato to take a break from his National Educator role to focus on his recovery, claiming his role would be revoked due to his mental health. Mr. Pozzato alleged this would cut off an important income source. He lodged a second complaint to head office and complained to Ms. Morton about Mr. Stewart.
Shortly after, Mr. Stewart claimed he overheard Mr. Pozzato making a remark to a client that he felt was a veiled threat, leading to another complaint by Mr. Stewart on August 15. Mr. Pozzato then took personal leave, obtaining a certificate of capacity stating he had no ability to work until September 23 due to a "major depressive episode with associated anxiety due to workplace bullying and harassment." A workers' compensation claim was later rejected as it arose from "reasonable management action."
During this period, Ms. Morton began preparing paperwork for Mr. Pozzato's termination. Around September 7, Mr. Pozzato was charged with common assault over a 2021 incident involving Ms. Morton; the charge was dismissed, but he consented to an apprehended violence order. While still on leave, Mr. Pozzato learned from a client that he would not be returning to the salon, and then received a dismissal notification from Ms. Morton.
Ms. Morton forwarded urgent emails to Mr. Pozzato's dormant Hotmail account, stating that due to his lack of response and failure to provide paperwork for his absence, his employment was considered abandoned and terminated. Ms. Morton acknowledged during cross-examination that she had used Mr. Pozzato's personal Hotmail account instead of his work email, which they had been using regularly.
Mr. Pozzato maintained he was unfit for work, his absence was covered by his medical certificate, and he had no intention of leaving his job, which was crucial for his visa status.
Commissioner Alana Matheson found it likely that Ms. Morton used the Hotmail account hoping Mr. Pozzato would not respond, enabling her to claim job abandonment. The Commissioner determined Mr. Pozzato was dismissed on an "incorrect premise" and in an "opportunistic way" without a valid reason. The harshness of the dismissal was amplified by its impact on Mr. Pozzato's visa status. The Commissioner was not persuaded by the misconduct allegations and acknowledged Mr. Pozzato's talent as a hairdresser.
While reinstatement was deemed unworkable due to animosity, Commissioner Matheson awarded Mr. Pozzato $1,415.25 in compensation. Mr. Pozzato and Ms. Johnson became engaged in May.