Ex-‘Perky Pooches’ worker sues former boss’ mum over Facebook messages

A legal cat fight between two NSW south coast dog lovers was centre of a landmark defamation ruling - until a judge threw the case out of court.

It was the legal cat fight between two south coast dog lovers that involved missing scissors, a false allegation of theft and tipsy Facebook messages that should never have been sent.

But the resulting legal action - an ex-worker‘s claim for defamation - ultimately lost its bite last week after a judge threw the case out of court following a landmark ruling after the first hearing concerning the newly introduced “serious harm” test in defamation proceedings.

According to a judgment published by the NSW District Court, the plaintiff, Katie Zimmerman, was working for dog grooming salon “Perky Pooches” in Oak Flats in September 2021 when her boss, Tiarne Perkiss, accused her of stealing a costly pair of scissors from the salon one morning.

The allegation was quickly and emphatically disproved, and Ms Perkiss apologised via text message the same afternoon, but Ms Zimmerman took extended sick leave before ultimately resigning from Perky‘s three weeks later.

She took up a new job, working one day a week for “Albion Bark Lodge”, a dog-minding business run by Sarah McPherson and located in nearby Albion Park.

Katie Zimmerman launched defamation proceedings against her former boss' mum.

The court heard McPherson published a post on Facebook showing Ms Zimmerman cuddling a dog on her first day at work, which was seen by Ms Perkiss‘ mother, Kim, that evening.

Fuelled by “a few wines”, Mrs Perkiss sent a series of private Facebook messages to Ms McPherson, claiming her new employee was a thief.

“Katie resigned due to organising the theft of company possessions,” Mrs Perkiss wrote.

“We could have had police involved. About $1000 worth of scissors taken.”

She also claimed the alleged theft was caught on camera.

Ms Zimmerman launched defamation proceedings against Mrs Perkiss in the NSW District Court, claiming the messages portrayed her as a thief, a criminal and an unreliable employee.

During a two-day court hearing, Ms Zimmerman’s lawyers argued their client had suffered “serious harm” to her reputation in the eyes of her new employer, Ms McPherson.

They relied on evidence from Ms McPherson, who told the court the messages had left her doubting her decision to hire Ms Zimmerman and concerned for the “reputation and standing” of her business.

Tiarne Perkiss (left), the owner of Perky Pooches dog grooming salon, with her mother Kim Perkiss.

Ms McPherson also claimed she’d considered firing Ms Zimmerman, but decided

instead not to promote her to a full-time employee, restrict her access to “expensive items” in the workplace and refuse her access to the house to use the toilet.

Ms McPherson told the court she remained “suspicious and mistrustful” of Ms Zimmerman for at least a month and that a Facebook video posted in early December which praised Ms Zimmerman and another colleague was done at the behest of a social media adviser.

However, Judge Judith Gibson rejected the majority of Ms McPherson’s evidence, finding that she was well aware the allegations against Ms Zimmerman were false and had simply been the actions of a former employer “lashing out” at the loss of a worker.

“I am satisfied that she continued to treat [Ms Zimmerman] as a valued employee without any change over the following months,” Judge Gibson said.

She also said there was little evidence to support the claim that Ms McPherson planned to promote Ms Zimmerman but for the theft allegation, noting that Albion Bark Lodge was experiencing a sharp downturn in trade at the time due to the Covid-19 pandemic.

Judge Gibson found Ms Zimmerman had failed to establish that the messages sent by Mrs Perkiss had caused “serious harm” to her reputation and dismissed the case.

“At its highest, [Ms Zimmerman’s] claim cannot identify to any other source of serious harm beyond what is asserted to be a change in attitude towards her by her employer for a few weeks, a claim which I have not accepted,” Judge Gibson said.

“[Ms Zimmerman] has thus failed to establish that she has suffered anything, beyond the distress and anger she felt at being falsely accused of theft; however, that distress cannot be equated with evidence of serious harm, which must be to reputation.”