SerpApi.Org
A reef tour skipper accused of sleeping on the job, vaping at the helm and allegedly telling crew to 'let them die' about tourists snorkelling has won an unfair dismissal case after a tribunal found his employer botched the process to sack him.
SeaLink Whitsundays casual master Tony Ritter was fired in June 2025 after a deckhand on the boat, Kobi Curtis, lodged a blistering complaint accusing him of safety breaches aboard the Wildcat during excursions on the Great Barrier Reef.
The Fair Work Commission heard she alleged Ritter displayed 'very unsafe behaviour' at work, including scrolling his phone on snorkel watch, not finishing safety briefings as guests were 'too slow' and saying it 'doesn't matter' when concerns were raised.
The commission heard she also claimed he had snored in front of guests to the point where they asked if he was alright, arrived late for shifts, frequently vaped while steering the vessel, and ignored radio calls.
Ms Curtis alleged he dumped large amounts of leftover food into the water near snorkellers against Great Barrier Reef Marine Park Authority permit conditions.
Crew were placed in unsafe situations, she claimed, because he 'can't be f**ked'.
Fair Work Commission documents show SeaLink's own investigation went even further, alleging Ritter allowed two deckhands without the required qualifications or formal training to operate the vessel through shipping lanes and in windy conditions.
Another allegation claimed Ritter said 'I just don't give a f***, let them die' when discussing snorkel safety measures, but he denied this and the commission found there was not enough evidence to prove he said it.
According to the Fair Work Commission decision, SeaLink alleged that on April 12, 2025, crew aboard a Thundercat tour at Tongue Bay were unable to contact Ritter by radio and later found him asleep and snoring in a hammock without a shirt on.
He was also alleged to have been found asleep and shirtless on May 28 and June 2.
After the allegations surfaced, the commission heard Ritter hit back with a list of complaints he'd apparently 'been holding off'.
In a flurry of emails sent to management on June 9, 2025, he alleged he had been secretly filmed while sleeping onboard, accused colleagues of breaches of confidentiality and defamation, claimed ongoing workplace harassment and sought accommodations for 'medically supported smoking cessation prescribed vaping'.
He also lodged complaints about fellow staff members, challenged aspects of his training assessments and disputed allegations he had dumped food overboard near snorkellers.
Ritter argued it was common practice for skippers to take short naps on the boat while passengers were ashore on beach visits.
He told the commission he had been involved in a car crash in May 2025 and split from his girlfriend shortly afterwards. He also said the date marked the fifth anniversary of the death of a former partner.
The commission heard Ritter had taken over-the-counter sleeping tablets one night before his shift and later told managers the medication had left him feeling drowsy.
In hindsight, he conceded he should not have reported for duty on May 28.
The sleeping allegations were not the only claims Ritter partially admitted.
He told the commission he threw a tray of rice salad overboard after becoming frustrated that crew had not packed up lunch before starting a snorkelling session, and described it as a 'low-end breach' of maritime rules.
But deckhand Rosie Bullen claimed the food dumped into the water included bread rolls, meat and salad and was thrown while guests were snorkelling nearby.
Ritter also acknowledged to the commission his vaping on board, but said it was part of a medically supported smoking cessation program.
He denied saying 'I just don't give a f***, let them die', telling the commission he would never be flippant about safety as he had been deeply affected by an unconnected passenger incident in 2024.
Fair Work documents show that following an investigation, SeaLink general manager Asher Telford concluded three misconduct allegations were substantiated.
Mr Telford said the findings revealed a pattern of behaviour that breached safety obligations, company policies and company values.
He told the commission he had known Ritter for about 20 years and had urged him to take a break because he appeared burnt out.
'I don't want to go down this road,' Mr Telford recalled telling him. 'You're doing some stuff that ain't cool. Bad example, the vaping and stuff, the sleeping stuff. It's not safe. You need a break.'
Ritter's employment was terminated via Microsoft Teams on June 24, 2025.
Fair Work Commission Deputy President Nicholas Lake ruled the dismissal was unfair and ordered SeaLink to pay Ritter more than $5,200 in compensation.
While the commissioner found SeaLink had a valid reason to sack the skipper based on the repeated misconduct allegations, he ruled the disciplinary process was flawed and unreasonable.
Commissioner Lake found that SeaLink had effectively concluded the allegations were substantiated before Ritter had fully responded to them and failed to properly allow him to argue why dismissal was not the appropriate outcome.
Despite that, he was also highly critical of some of Ritter's evidence during the hearing.
'He appeared to enjoy the theatrics of being on the witness stand,' he wrote.
The commissioner said Mr Ritter often deflected blame onto others and appeared preoccupied with his reputation.
He also accused a group of younger female staff members of conspiring against him, describing them as 'a junior group of girls who have nothing better to do than gossip' and comparing a women-only workplace group chat to the film Mean Girls.
Referring to Ms Curtis, Ritter told the hearing: 'She's a 21-year-old kid versus someone that knows... I think she has got a little bit big for her boots.'
Commissioner Lake rejected claims there had been a conspiracy against the skipper.
'The suggestion by (Ritter) that witnesses were less reliable because of being allegedly gossipy young women is condescending at best and sexist at worst,' he wrote.
The commissioner also observed that a barrage of complaints Ritter lodged after receiving the allegations letter had 'the appearance of being AI-generated'.
The commission ordered SeaLink to pay Ritter $5,204 in compensation, plus superannuation.
Read more
