QIRC orders Gladstone council worker rehired after unfair sacking

A Qld council worker, sacked after a “brain snap” text message where he called his boss a “rude c***” and warned he would “punch on” has his job back by court order.

A Queensland council worker described sending a text in which he described his boss as a “c***” as a “brain snap”. Picture: Istock

A Queensland employee who called his boss a “c--t” has been allowed to keep his job after the state’s employment watchdog found his sacking over the “out of character” slur was unreasonable.

The man will be paid for the 15 months of work he missed.

The Queensland Industrial Relations Commission heard a Gladstone council team leader, aged in his 50s, had been suffering a bout of sciatica and was feeling “flat and anxious” about returning to work when he sent two unsavoury messages to a colleague about his boss.

“Seriously I’m going to punch on with (his boss),” followed by, “He is a rude c...!”,” the text messages said.

His colleague, who said he was concerned about the well-being of the team leader, decided to show the messages to his boss.

The team leader, who had an unblemished six-year work record with the council, was called to a meeting with his boss, a manager and human resource officer the next day when a number of allegations were put to him and he was placed on special paid leave.

An investigation followed which resulted in the termination of his employment about seven weeks after the incident.

Industrial Commissioner Roslyn McLennan found, after a two-day hearing in November 2024, that his termination by Gladstone Regional Council was harsh, unjust and unreasonable.

In her findings she said he was not given 24 hours’ notice of the initial meeting, informed of his right to have a union representative (or other representative) present, nor was he provided with detail of what the meeting was about and why his attendance was required.

Her report included his work history at Gladstone Regional Council that showed he’d worked diligently for the council since 2017.

“However, restructures involved changes at council which created something of a ‘pressure cooker’ environment,” she said.

“Issues of workload, work intensity and work pressure were deeply felt by (team leader), as is evidenced by him raising the matters contemporaneously with his union organiser, and as supported by his colleague team leader (with whom he shared the same workspace),” she said.

Ms McLennan said the evidence from the disciplinary meetings showed a written warning would have been sufficient.

“He had apologised, expressed remorse and undertaken not to repeat the behaviour,” Ms Mclennan said.

(He went further) to emphasise that he never had an intention to commit a violent act against his supervisor.

“..... it was a vent. It is also clear that (he) never intended for anyone other than (his colleague) to see the text.”

She found that the reason that the colleague had brought the text to the council’s senior staff’s attention in the first place was because he had wanted the council to provide help and support to the team leader.

Ms McLennan said in her view the council had neglected its duty to the team leader and his colleague.

“The tears he had in his eyes (while giving evidence) were because he was taking the action he did to try and get help for his colleague,” she said.

“Unfortunately, things took a different turn.”

She found the dismissal unreasonable because it was a disproportionate response to his unblemished employment record.

“He was under pressure at the time, and the text messages were out of character,” she said.

She ordered a number of actions including that he be reinstated to his former position on conditions at least as favourable as the conditions on which he was employed immediately before dismissal.

His continuity of employment will be maintained between the date of dismissal and date of reinstatement.

The Services Union Secretary Neil Henderson said the commission had made its decision and the council had a right to appeal, but it was unfortunate for the worker it was a long process.

“We are very happy to support our member,” Mr Henderson said.

Gladstone Regional Council is appealing the decision in the Industrial Court of Queensland.

Originally published as QIRC orders Gladstone council worker rehired after unfair sacking