Fair Work Commission rejects stylist's unfair dismissal claim after salon confrontation over one-star review

The Fair Work Commission has dismissed an unfair dismissal claim by a senior stylist who was sacked by text after an altercation at two Canberra Just Cuts salons over a one‑star Google review.

Xiaofeng Lu, a casual senior stylist employed from December 2023 at Just Cuts outlets in Fyshwick and Manuka, was terminated in April 2025 by operations manager Kelly Chea after a conversation earlier that day about a client’s one‑star review that referred to a “Chinese‑speaking staff member.” The salon told the commission Ms Lu’s conduct during the exchange was aggressive, disrespectful and disruptive and warranted immediate dismissal.

Ms Chea told the commission Ms Lu became defensive during the discussion, continued scrolling on her phone while on shift, refused to consider feedback and made a gesture putting her finger to her mouth while telling Ms Chea to “shush.” Ms Chea said Ms Lu verbally disparaged her by saying she did not understand how hard Ms Lu worked and used the Mandarin expression “la la,” which Ms Chea described as meaning “bullsh*t” and incompetence. According to the salon, Ms Lu then gathered her belongings abruptly, slammed cabinet doors, forcefully discarded a used towel near clients and created a visibly tense atmosphere.

The salon submitted CCTV footage and a colleague’s testimony to support Ms Chea’s account. Ms Lu denied the allegations of aggressive behaviour and said her dismissal was motivated by complaints she had raised about unpaid superannuation and racial discrimination.

Ms Lu told the commission she had more than 20 years’ experience as a hairdresser and had received multiple customer service awards from the franchisor’s head office. She said she had emailed the company on the day she was dismissed requesting an update on her superannuation payments, which she believed had triggered the meeting that led to her termination. She also alleged Ms Chea made a discriminatory remark in public, saying: “You are the only Chinese staff with a Chinese accent, and you work with the white people. If anything is wrong, it must be you.” Ms Lu said the sudden public dismissal caused emotional distress, reputational damage within Canberra’s hairdressing community and financial hardship.

The company told the commission the accounting software Xero had incorrectly listed Ms Lu’s super fund as the Australian Retirement Fund rather than the Australian Retirement Trust, and that quarterly contributions had been deposited into the wrong account. The salon said steps were taken to rectify the error once it was raised.

Deputy president Lyndall Dean found Ms Chea’s evidence persuasive and concluded Ms Lu’s conduct justified immediate dismissal. "I accept Ms Chea's evidence that she found Ms Lu's comments to the effect that she engaged in 'bullshit' and was incompetent as deeply disrespectful, and that she found Ms Lu's behaviour to be intimidating and bullying," Dean said. She added that, in a small salon where employees work in close proximity, Ms Lu’s behaviour had made other staff uncomfortable and created an unsafe and intimidating atmosphere.

Dean rejected Ms Lu’s contention that her termination was retaliatory for raising the superannuation issue. The deputy president found the misdirected superannuation payments resulted from a simple administrative error and that corrective steps were taken after the error was identified.

The Fair Work Commission’s decision closes the unfair dismissal claim, with the tribunal accepting the employer’s account that the stylist’s conduct amounted to serious misconduct warranting immediate dismissal. The salon’s actions, the commission said, were taken in response to conduct it deemed to have undermined workplace safety and collegiality.

No further penalties or orders were reported in the commission’s determination.