Tasmanian Walking Company’s former head of operations claims he was wrongfully dismissed

A former senior staff member of an award-winning tourism company says his redundancy was a case of ageism and retaliation for raising workplace complaints. See why he is suing >>

CLAIMS of underpaid staff, safety and environmental breaches and age discrimination will be at the centre of a wrongful dismissal case brought by a former employee of an award-winning tourism operator.

The Tasmanian Walking Company operates private huts for guided bushwalks on the Overland Track, the Bay of Fires and the Three Capes Track, and overnight trips at Freycinet and Bruny Island.

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The company’s former head of operations is suing the company in the Federal Court, claiming he was wrongfully dismissed.

Philip Dornauf was aged in his early 50s when he worked for the company from 2016 to 2018, clocking up as many as 70 hours per week.

Cradle Mountain Huts Walk. Picture: TASMANIAN WALKING COMPANY

In October 2016, Mr Dornauf’s statement of claim says he expressed concern about a series of major incidents and emergencies pointing out that “the lack of management … is one of the bigger risks facing TWC”.

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He also raised concerns about the underpayment of guides, who worked shifts of more than 12 hours, and the occupational health and safety risks involved.

He says no action was taken to address his concerns, nor concerns he raised about risk auditing.

“There was a serious safety incident on the Cradle Mountain Huts walk which resulted in a woman breaking her ankle and having to stay outside overnight, and a tour guide catching pneumonia as a result of staying with her,” his statement of claims alleges.

“This incident could have been avoided if the respondent had taken the auditing process more seriously.”

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Mr Dornauf also claims he was subject to ridicule because of his age.

When he forgot someone’s name, he said a senior staffer asked him: “Have you had a stroke or something?”

He said he was on holidays in July 2018 when he was advised of a company restructure and was made redundant soon after, despite requesting further consultation and redeployment to a vacant position.

Bay of Fires. Picture: TOURISM AUSTRALIA

In his statement of claim, he says he believes he was made redundant for attempting to exercise his workplace rights, and that he was subjected to humiliating and belittling treatment because of his age.

He says as a result of the company’s conduct, he lost an estimated $880,000 in future wages, suffered humiliation, pain and suffering; reputational damage; stress, sleep deprivation and anxiety, and diminished employment prospects.

He wants his job back, as well as compensation.

A spokeswoman for the Tasmanian Walking Company said the matter would be defended: “The company disputes the claims by Mr Dornauf. The matter is currently before the courts.”

The case is due for hearing before the Federal Court in Hobart later this month.