Worker dismissed for calling manager a ‘rude c*nt” reinstated

A Queensland council worker dismissed for inappropriate workplace behaviour has won reinstatement to his role. In a text to a colleague, the worker had called a manager a “rude c*nt” and threatened to punch him. His employer, however, did not afford him procedural fairness, ruling his sacking as unfair.

In this article, we look at the events of this case: Black v Gladstone Regional Council [2024]. We also look at three other dismissals of employees who acted inappropriately at work. This includes an Adelaide taxi driver who told a former radio host that her “p*ssy smells.” Also, an ex-football star who lost his job and marriage for sending inappropriate texts to female colleagues.

Council worker reinstated despite insulting, threatening boss

52-year-old Trevor Black started his employment with Gladstone Regional Council in January 2017. He initially joined as a laborer before being promoted to team leader. The Tribunal noted that prior to his inappropriate workplace behavior, he had an unblemished record at the Council, having never been performance managed.

However, things changed when the Council announced structural changes that led to a “pressure cooker” environment. Mr Black managed a team of approximately 15 employees and reported experiencing significant workload pressures. He told the Tribunal that he was left to “fend for himself.”

‘Rude c*nt’: Inappropriate workplace behaviour led to dismissal

On 6 June 2023, while on leave due to a bout of sciatica, Mr. Black exchanged text messages with another team leader. In response to his colleague saying there was no need to check work emails while on leave, Mr. Black replied by texting: “Seriously I’m going to punch on with [his manager].” He then followed this up by calling his manager a “rude c*nt.”

The Tribunal noted that leading up to this “brain snap”, the irritations he had experienced from his manager had been “amplified.” He had also felt “flat and anxious” to be returning to work the next morning. The colleague later related Mr. Black’s inappropriate workplace behavior to Council management as he was concerned for his welfare and wellbeing.

Following an investigation, on 17 July 2023 the Council dismissed Mr. Black. It cited his inappropriate workplace behavior in sending the text, misuse of a council phone and failure to raise workplace concerns in a timely and respectful manner. Mr. Black subsequently lodged an unfair dismissal application with the Queensland Industrial Relations Commission.

Tribunal called out procedural deficiencies

At Mr Black’s unfair dismissal hearing, the Queensland Industrial Relations Commission’s focus was less on the inappropriate workplace behaviour. Rather, it honed in on the procedural deficiencies leading up to his sacking.

The Tribunal noted that Mr. Black was asked to attend a meeting with the general manager two days after sending the text. However, he was only given an evening’s notice to arrange a support person, which he was unable to do. Mr. Black was also kept in the dark about the purpose of the meeting. He was simply told that he needed to “speak with” the general manager.

The Tribunal highlighted that the Council’s enterprise agreement required it to give an employee 24 hours’ notice to attend a disciplinary meeting. It also required an employee to be told of the reason for the meeting and their right to have a union or other representative present.

Tribunal said worker was simply venting

The Queensland Industrial Relations Commission acknowledged that Mr Black was under pressure when he sent the texts. It disagreed with the Council’s allegation that he had failed to raise his workplace concerns in a timely and respectful manner. The Tribunal said that Mr Black could have been educated about the correct procedure for raising a concern, rather than be dismissed.

It was also noted that the Council initially proposed issuing a written warning but later opted for dismissal. This was even after Mr. Black submitted a written response in which he apologized and promised not to repeat the behavior. He had also claimed that he never intended to act violently towards his supervisor.

The Tribunal acknowledged that Mr Black’s texts were simply “a vent” and that he never intended for anyone other than his colleague to see them. It was also accepted that the colleague had reported the texts to Council management out of concern for the welfare of Mr Black.

Reinstatement ordered

The Queensland Industrial Relations Commission therefore ruled that Mr Black’s dismissal for inappropriate workplace behaviour was unfair. This was because it was based on his written response rather than his actions, and unreasonable because it was disproportionate. The Tribunal ordered the Council to reinstate him to his position.

2. ‘Your p*ssy smells:’ Taxi driver dismissed for vile comments to Adelaide radio host

In March 2025, an Adelaide taxi driver was dismissed after Ali Clarke, a former breakfast radio host for Mix 102.3, reported his sexist comments on Instagram Live. The incident took place on 7 March when Ms Clarke was coming home from an International Women’s Day event in the Adelaide CBD.

The 48-year-old attempted to take a taxi home at approximately 1:30 am. However, the driver declined the fare as it was a short trip. Ms. Clarke offered to pay extra but was still refused service. It was when she took a snap of his driver identification details that he became verbally abusive.

“He said, ‘You need to get out, your p***y smells’,” Ms Clarke said on Instagram. She later told media that she had “never felt more vulnerable” in her life during the incident.

Driver dismissed after complaint

In addition to airing the “horrible” story on Instagram, Ms. Clarke complained to the driver’s employer, 13cabs. The company took immediate action to dismiss him, telling media that the driver had been “removed from our network.” 13cabs spoke to Ms. Clarke about the incident and forwarded video footage of the incident to a South Australian regulator.

The Taxi Council South Australia also addressed the incident, highlighting that it is unlawful for drivers to refuse short fares. The organisation condemned the driver’s actions and reiterated that all passengers should receive fair and respectful treatment.

Ms. Clarke acknowledged the swift response from 13cabs and thanked both the company and members of the public for their support. She also thanked all those who contacted her about similar experiences they have had in taxis. Ms. Clarke said that she did not take satisfaction in someone losing their job, but hoped the action taken would encourage others to report similar incidents.

3. Ex-football star loses TV job, marriage after inappropriate workplace texts

In August 2024, the sacking of a former English Premier League footballer stole headlines. The BBC fired former England international Jermaine Jenas from his role as a Match of the Day pundit and host of The One Show for “inappropriate texts” sent to female colleagues. The 41-year-old Mr. Jenas publicly apologized for his inappropriate workplace behavior. He told The Sun newspaper that he was “ashamed” and “deeply sorry.”

The BBC’s decision to dismiss came after he had sent unsolicited messages to a female colleague from The One Show. Reports also suggested that other women had come forward with further claims. His sacking took place only weeks after he was named Ally of the Year at the Women’s Football Awards.

Despite apologising for his inappropriate workplace behaviour, Mr Jenas confirmed that he was considering legal action regarding his dismissal. He claimed that he “did nothing illegal” and that the messages were between “two consenting adults.”

Wife left him too

A few months after his dismissal and the media fallout, Mr. Jenas’ wife announced their separation after 16 years together. The couple have three children together, while Mr. Jenas has a daughter from a previous relationship. Mr. Jenas admitted to having made “a lot of mistakes” and stated that he was undergoing a period of self-reflection.

He told media that he knew he needed help and was receiving assistance in this regard. Mr Jenas has since his dismissal returned to broadcasting in a limited capacity, having appeared on UK and international football shows.

4. Aussie Olympics gymnastics coach dismissed for texting teen athlete

This story of inappropriate workplace behaviour hit the headlines in November 2024. Melbourne-based gymnastics coach Jeb Silsbury was sacked by a gymnastics club following allegations of inappropriate comments and behaviour towards teenage athletes.

In July 2024, Mr Silsbury withdrew from the Australian Olympic team the day before the national delegation was set to travel to Paris. This followed an inquiry by the ABC to the Australian Olympic Committee regarding allegations of inappropriate behaviour made by a former colleague.

Inappropriate workplace behaviour went on ‘for years’

Mr Silsbury was a coach at Cheltenham Youth Club in Melbourne. He had previously worked as a coach at MLC Gymnastics Club. An investigation by the ABC revealed that two former gymnasts accused Mr Silsbury of making sexualized comments during training sessions. One of the gymnasts, now 29, alleged that such behavior “went on for years” and included remarks that left her feeling uncomfortable. Another former gymnast, now 28, also reported inappropriate comments made by Mr Silsbury during her time at the club.

Said gymnastic moves felt ‘like the best orgasm ever’

The 29-year-old former gymnast recalled that Mr Silsbury was approachable and friendly when he joined MLC Gymnastics in 2008. However, over time she claimed his comments became increasingly inappropriate. She alleged that he would describe certain gymnastics movements by saying they felt “like the best orgasm ever” or “like good sex.” She also claimed that when he described strength exercises, he told her to “just pretend so-and-so is laying on top of you.” He also once allegedly said that “sex smells funky.”

The gymnast also alleged that Mr Silsbury commented on the bodies of the athletes under his coaching, including hers. She said that he told her that she had a “rounder bum” than other gymnasts. She also claimed he assigned nicknames to athletes’ body parts.

Dismissed due to inappropriate texts

Concerns about Mr Silsbury’s behaviour escalated when the gymnast received text messages from him. Although she described the messages as “friendly,” her family members became concerned. She shared details with her older sister, who then raised the issue with their mother. They told her “that’s not normal.”

Her mother then reported the text messages to MLC Gymnastics Club’s head coach. Not long after, Mr. Silsbury was dismissed. Gymnastics Australia has acknowledged the allegations against Mr. Silsbury, saying that inappropriate workplace behavior “has no place in our sport.” It has been reported that Gymnastics Australia had previously placed restrictions on Mr. Silsbury’s involvement in national training camps due to concerns about his past conduct.

Have you been unfairly dismissed?

If you have been sacked for inappropriate workplace behaviour, give us a call today. There could be several reasons why your termination was not fair. It could be that your alleged misconduct did not warrant a dismissal. Or it could be that your employer did not follow a fair process when firing you.

Our team at a Whole New Approach can help you lodge a claim with the Fair Work Commission. They can determine if your employer acted fairly and if they made any procedural errors when sacking you. Note: we are not lawyers, however we are leading commentators, influencers and negotiators of workplace issues.

We offer a no win, no fee service and your first consultation with us is free and private. Call us today on 1800 333 666.

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