One 'take a sickie' text ended 18 years on an island gas hub

Marco Faccin had worked on Varanus Island, home to a gas processing hub, since August 2004, first for Apache Energy and then for the companies that took over the operation, most recently Santos. He was a General Service Operator Lead. In September 2022, during protected industrial action over a new enterprise agreement, he checked the island's travel diary and saw that a contractor was flying out the next day to assess the crane operators.

At 8.14 pm that night he texted the contractor, who did not recognise the number: 'Are you seriously considering going to VI during protected action. Support the boys and take a sickie.' The contractor felt intimidated, reported it to his manager, and did not go, even though he said he needed the work. After an external investigation, Santos dismissed Mr Faccin on 16 January 2023.

Deputy President Beaumont found that the aim of the text was to stop the contractor coming, and that it worked. Using the travel diary for that purpose and sending the message was a wilful and serious breach of Santos's harassment policies, and a valid reason for dismissal. Mr Faccin also showed little insight. Asked at the hearing about his stance during the investigation, he said there was 'nothing wrong' with the text, 'otherwise I wouldn't have sent it', although he did express remorse later, at the disciplinary stage.

Even so, the dismissal was harsh. He was about 52 or 53, had spent most of his working life on the island, and had no history of misconduct. Reinstatement was refused because trust had broken down. Compensation started from six months' pay, less his notice pay and later earnings, then cut by 20% for his misconduct and by a further 10% because he gave little evidence of looking for other work. He was awarded $65,561.49.