Rubber Ducks, Satanic Symbols and Unfair Dismissal
Posted on July 14, 2026
In what must be a first, the Fair Work Commission (FWC) was required to determine whether conduct involving rubber ducks as pranks constituted bullying behaviour which would justify the termination of employment.
In Donato v Queensland Venue Co Pty Ltd[1] two hospitality workers were terminated from their employment for arranging a display of rubber ducks and a hand drawn pentagram to be placed on their manager’s desk with a note saying: “Ducks engaged in a summoning ritual to summon more ducks”.
The manager took offence to the satanic pentagram saying “No matter if it seems funny with the duckies, it is a symbol evoking the devil. I have past experiences that terrify me of these ritualistic actions, but I am sure it would upset anyone.”
The workers both claimed that the conduct was meant to be a harmless prank and they both issued an apology to the manager.
The workers also stated that they had been placing other ducks around the workplace to boost moral including in the in-tray of the head chef.
The employer undertook an investigation and concluded that the actions created a hostile work environment, that the pentagram was a “grossly offensive symbol” and that the conduct constituted workplace bullying which presented a clear health and safety risk because it can cause psychological and physical harm, irrespective of intent.
The FWC criticised the “perfunctory” disciplinary meetings which “did not examine in an appropriate level of detail the relationship between the [manager] and the two [employees], or the alleged motivation for the conduct which the [employer] had concluded existed, and that I have concluded has not been established by the evidence”. It was also noted that the manager had obtained a tattoo of the same pentagram shape which directly contradicted her evidence as to the effect of the conduct upon her.
The FWC ultimately concluded that the termination of both employees was harsh, unjust and unreasonable and ordered the employer to pay a total of in excess of $15,000 to the employees. The FWC also determined not to reduce the amount of compensation on the basis of any misconduct on the part of the employees on the basis that it was not satisfied their conduct warranted such a reduction.
Lessons to be learned
While bullying and psychosocial risks must be taken seriously, employers should ensure disciplinary investigations are fair and thorough and consider all relevant facts and circumstances before making a decision.
Shortcuts are very rarely warranted even where health and safety risks have been identified.
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[1] [2026] FWC 362
