A young labourer who was sacked after running over his boss's beloved family parrot has won an unfair dismissal claim after the court found he deserved no more than a written warning over the tragic accident.
Crackers the galah was crushed by Queenslander Blake O’Keeffe after he unsuccessfully tried to chase him away from his truck.
Mr O'Keeffe had worked for Gregg Dunshea's small fencing business for most of his life and when he finished school scored a job as a labourer for the Bundaberg business - about 360kms north of Brisbane.
An unfair dismissal battle hit the Fairwork Commission after a beloved galah named Crackers was killed. Gregg Dunshea (pictured with Crackers) believes the commission got it wrong
Blake O'Keeffe won his unfair dismissal case after taking it to the Fairwork Commission. He had been sacked after running over his boss's beloved pet galah Crackers
Crackers was killed when a truck was reversed over him. Gregg Dunshea sacked Blake O’Keeffe for failing to move the beloved galah out of his way before reversing
He was booted on-the-spot after his boss reviewed CCTV footage of the incident and realised his young worker had been aware Crackers had been loitering about just before he was killed.
On Monday, Mr Dunshea told Daily Mail Australia he was considering appealing the Fairwork Commission decision, which could see him forced to pay Mr O'Keeffe up to 26 weeks in lost wages.
'That's more money that I don't have and have to come up with just because someone is not willing to take responsibility for themselves,' he said.
'This person only lost his job, he can get another job ... and the commission says I should have given him a warning. But I'm the one at the loss. I'm the employer and personally I've lost something that can't be fixed. He didn't break a tool, he didn't cut something and the wrong length, he's destroyed an animal.
'What kind of warning can I give? '
In Mr O'Keeffe taking the matter to the commission, Deputy President Nicholas Lake heard the young employee had tried to move Crackers on by using an old mop and then a broom.
It had been a Friday afternoon and Mr O'Keeffe was nearly finished for the day when he had a run-in with the cheeky bird.
All he had left to do was to reverse a truck and drive it into another shed.
He was about to do so when he noticed Crackers sitting on the ground.
The commission heard it had been common practice to move the bird – or any other of the Dunshea’s pets that may be around
