A US labor board has ordered Atlassian to rehire a software engineer, Denise Unterwurzacher, who was fired in June 2023 after posting a satirical message about co-founder Mike Cannon-Brookes.
The National Labor Relations Board (NLRB) found that Atlassian unlawfully terminated Unterwurzacher for engaging in protected workplace activity. The company had stated she was fired for "acrimonious communications and ad hominem attacks against teammates and colleagues."
The incident occurred shortly after an all-staff Zoom meeting where Cannon-Brookes discussed company changes, including managerial role shifts and potential job cuts. During the meeting, Cannon-Brookes, who was dialing in from the headquarters of his co-owned Utah Jazz basketball team, told employees questioning layoffs that he had "a gutful" and that anyone wishing to "nark" was free to leave.
Following the meeting, Unterwurzacher posted a satirical message on an internal Atlassian message board called 'Outrage Notifications.' She wrote, "What's up Outragers, just dialling in from my NBA team's headquarters to yell at the people whose careers I've just pummelled."
Atlassian argued that Unterwurzacher's comments constituted a "gratuitous personal attack" and "personal ridicule of an executive's private life," not legally protected speech. The company stated her comment was "nothing more than personal ridicule of an executive's private life" and essentially called him a "rich jerk."
However, the NLRB disagreed, ruling that Atlassian failed to provide evidence that other employees making similar comments were disciplined or fired. Administrative Law Judge Susannah Merritt found that Atlassian terminated Unterwurzacher for her "protected concerted activity," citing the company's own statements to her at the time of her discharge.
Unterwurzacher had previously raised concerns about changes to Atlassian's performance review system, which were considered protected under US labor law. The company had "coached" her about these concerns but had not formally disciplined her.
Atlassian issued a statement following the NLRB decision, saying, "We believe in upholding our company values and community guidelines to ensure our workplace is safe and respectful for all. As the matter remains ongoing, it would be inappropriate to comment further."
The ruling comes as Atlassian faces market pressure, with its share price having declined significantly amid investor concerns about artificial intelligence potentially impacting its core products like Jira and Confluence. Cannon-Brookes is also reportedly navigating a personal matter, having split from his ex-wife Annie in July 2023.