The fallout from a break-up at a Sydney hairdressing salon has landed in the Fair Work Commission, following nine months of complaints alleging bullying, harassment and intimidation – and even police intervention.
Italian national Roberto Pozzato took his former employer TONI&GUY Sydney City to the FWC, alleging he was unfairly dismissed by his ex-partner and salon owner, Belinda Morton.
The Commission heard that Mr Pozzato and Ms Morton both described their relationship, which ended in November 2023, as ‘unhealthy’ and ‘volatile’.
The pair continued living together despite their split until August 2024, when Mr Pozzato began a relationship with another stylist at the York Street salon, Megan Johnson.
Ms Johnson told the FWC that she frequently saw Ms Morton speak to Mr Pozzato in a ‘harsh, belittling and dismissive way’, while Mr Pozzato said his concerns raised to head office were not acted on.
Meanwhile, another hairstylist, Josh Stewart, gave evidence that he and Mr Pozzato were friends up until November 2024, when Mr Stewart formed the view that his colleague was homophobic, aggressive and had assaulted his partner – allegations Mr Pozzato strongly denied.
Mr Stewart referred to an incident in November 2024 when he claimed Ms Johnson came to him distressed, alleging Mr Pozzato had assaulted her the night before, the FWC was told.
However, Ms Johnson later disputed how this interaction had been characterised by Mr Stewart, while Mr Pozzato denied physically assaulting her.
Toni & Guy salon owner Belinda Morton (pictured) was in a relationship with Robert Pozzato until November 2023, but the pair continued living together for several monthsÂ
Italian national Roberto Pozzato (pictured) took his former employer Toni & Guy to the FWC, alleging he was unfairly dismissed by his ex-partner and salon owner, Belinda Morton
Later that day, Mr Pozzato allegedly messaged Mr Stewart stating he had made a ‘terrible mistake’ and asked him not to tell anyone else about the incident, the FWC was told.
According to the published decision, during a December 2 staff meeting, Mr Pozzato apologised for his behaviour, which he acknowledged was a primary cause of tension in the salon.
Mr Stewart told the FWC that directly after the meeting, Mr Pozzato allegedly stood over him, puffed his chest out and said, ‘Are you going to talk to me now?’
From this point, Mr Stewart claimed that Mr Pozzato’s behaviour became increasingly intimidating, harassing and unprofessional, according to the judgement.
Mr Pozzato refuted this version of events to the Commission, and said that during this time he had also asked Ms Morton to ‘stop harassing and bullying him’, which she denied under cross-examination.
Ms Morton gave evidence to the FWC that she reported the alleged assault to head office, and that Ms Johnson confided in her that she felt unsafe.
Tensions worsened throughout December, according to the decision, with Ms Morton alleging passive-aggressive behaviour from Mr Pozzato, who accused both her and Mr Stewart of ‘ratting him out’.
On December 13, Mr Stewart lodged a complaint alleging that Mr Pozzato had been aggressively staring him down, nearly bumping into him and deliberately banging objects, the FWC was told.
Another Toni & Guy stylist, Josh Stewart, gave evidence to the FWC
Mr Pozzato began a relationship with another stylist, Megan Johnson, in August 2024. (The couple is pictured together)
Ms Morton issued Mr Pozzato a formal warning letter alleging intimidation, bullying and name-calling, linked to ‘a matter that occurred outside of work hours’, according to the public decision. Mr Pozzato denied these allegations.
Although the letter’s allegations were untested, Mr Pozzato was warned that any similar behaviour could lead to disciplinary action, including possible dismissal.
Per the Commission’s findings, in January, Mr Stewart lodged another complaint – this time alleging that Mr Pozzato was slamming things and giving him ‘death stares’.
During cross-examination, Mr Stewart said that if he and Ms Johnson were chatting, Mr Pozzato would glare at them, take Ms Johnson out of the salon, and question her about their conversation.
By June, relations had deteriorated significantly, with Mr Stewart lodging a fresh complaint claiming that his regular clients were being poached by Mr Pozzato, who was allegedly overheard saying, ‘I was raised a fighter and I fight to win,’ a comment Mr Stewart felt was directed at him, according to the FWC ruling.
As a result, Mr Pozzato was hit with a formal warning and, on July 1, was suspended from work while Toni & Guy head office carried out an investigation.
Three days later, the decision states, Mr Pozzato lodged a counter-complaint to head office, accusing Mr Stewart and Ms Morton of bullying him and making him feel ‘humiliated and disrespected’.
Three weeks after that, Mr Pozzato was formally warned by Ms Morton, who cited findings from head office’s investigation alleging intimidating behaviour and bullying against Mr Stewart, according to the FWC.
From July 25, Mr Pozzato took a period of personal leave, before returning on August 6 to find the salon’s door code had been changed, barring his entrance, the Commission was told.
That same day, he was advised by Ms Morton to take a break from his National Educator role to focus on his recovery, as he had been calling in sick from the salon but still attending education days.
Mr Pozzato, however, claimed that Ms Morton told him his educator role would be revoked due to his mental health, cutting off an important source of income.
He then lodged a second complaint about Ms Morton to head office, before also complaining to her about Mr Stewart ‘laughing and smirking at him’, according to the decision.
Just over a week later, per the FWC decision, 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.’
According to the findings, Mr Stewart felt this was a thinly veiled remark aimed at him, and subsequently made another complaint about Mr Pozzato on August 15.
Mr Pozzato then took personal leave and obtained a certificate of capacity stating he had no capacity for work until September 23, citing ‘a major depressive episode with associated anxiety due to workplace bullying and harassment’, the ruling notes.
He also lodged a workers’ compensation claim on August 26, which was later rejected because it had arisen from ‘reasonable management action’.
The decision states that, during this period, Ms Morton began considering terminating Mr Pozzato’s employment and started preparing the necessary paperwork for when he returned to work.
Around September 7, Mr Pozzato was charged with common assault over an alleged 2021 incident involving Ms Morton. Mr Pozzato denied the allegation and the charge was dismissed, but he consented to an Apprehended Violence Order.
On September 11, while still on personal leave, Mr Pozzato received a text from a client who said they’d been told he wouldn’t be returning to the salon, the FWC heard.
He then received a call from Ms Morton, who said words to the effect of, ‘Check your emails, you’ve been dismissed.’
She then forwarded a string of urgent emails she had sent him regarding his continued absence, including one declaring that, since he hadn’t responded or provided paperwork for his absence, the company considered he’d abandoned his job and was terminated on the spot, according to the Commission’s finding.
However, Ms Morton had been emailing Mr Pozzato’s dormant Hotmail account instead of his work email address, which the pair had been regularly communicating on in the months prior – a discrepancy acknowledged by Ms Morton during cross-examination.
Mr Pozzato insisted he had been unfit for work, with his absence covered by the medical certificate he emailed to both Ms Morton and head office, and that he had no intention of leaving his job, which was tied to his visa, the decision states.
Robert Pozzato and Megan Johnson got engaged in MayÂ
Commissioner Alana Matheson said it ‘seems likely’ Ms Morton used Mr Pozzato’s personal Hotmail account because she hoped he would not respond and she could rely on an alleged abandonment of employment.
Commissioner Matheson found Mr Pozzato was dismissed on an ‘incorrect premise’, in an ‘opportunistic way’ and without a valid reason.
The harshness of the dismissal was further compounded by Mr Pozzato’s visa status, which was reliant on his employment at the salon, the Commissioner said.
The Commissioner said she was not persuaded that Mr Pozzato had engaged in the misconduct alleged by the evidence submitted to the FWC and stated it was clear he was a talented hairdresser.
However, Commissioner Matheson chose not to order Mr Pozzato’s reinstatement at the salon, finding the animosity between him and Ms Morton made this unworkable.Â
Instead, she awarded Mr Pozzato $1,415.25 in compensation.
According to Pozzato’s Instagram, he became engaged to Megan Johnson in May. Â
