Jason is a new junior hair stylist who is paid the minimum Award rate and works Monday to Thursday 9 am-5 pm. Jason works at a popular hair salon which is frequented by many clients.

On very rare occasions, Jason and other hair stylists will receive a call from the owner of the hair salon about filling in a shift last minute if they wish. One evening as he was about to go to sleep, Jason received a text message from the owner asking him if he could substitute for another hair stylist who called in sick the next day. The next day was Jason’s day off and he already had plans. Jason did not respond to the owner’s text message as he assumed that the owner would contact other hair stylists if he did not respond.

The next day, he received further text messages from the owner angry about why he did not respond to her text message and threatens to terminate his employment.

Was Jason’s refusal of the owner’s contact outside of his ordinary working hours unreasonable?

No. Jason is paid the minimum Award rate and is not compensated for being available to respond to the owner’s contact outside of his ordinary hours or to work outside of his ordinary hours.

Jason is also employed in a junior role and holds a lesser level of responsibility. The owner could have contacted other hair stylists about filling in the shift last minute.

There was no need to threaten Jason with terminating his employment because he did not respond to her text message.