A sleeping skipper, food dumped overboard, crew left at the helm - and still a payout
A marine tourism operator had a valid reason to dismiss one of its boat masters over safety failures - yet the sacking was ruled unfair.
In a decision handed down on July 21, 2026, the Fair Work Commission found that marine tourism operator SeaLink Whitsundays had a valid reason to dismiss one of its vessel masters over a series of safety-related lapses. The Commission also found the dismissal was not harsh or unjust. Even so, it ruled the dismissal unfair - because the disciplinary process was rushed and the allegations were treated as substantiated before the employee had a proper chance to respond.
The matter began with a deckhand's complaint. In early June 2025, a crew member emailed the operations manager about what she described as "very unsafe behaviour" by a skipper. The company escalated the complaint, and the general manager directed the people and culture manager to investigate. Within days she had spoken to several deckhands and prepared a letter of allegations.
The allegations were significant for someone responsible for a vessel carrying guests. The Commission found the master had slept on duty on two days - on one occasion for 20 to 30 minutes, audibly snoring within earshot of guests. It found he had vaped in front of guests, thrown trays of food into the water near snorkellers, and looked at his phone during snorkel watch. It also found he had allowed crew to take the...
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