A Great Barrier Reef tour skipper accused of serious safety breaches, including sleeping on duty and dismissing tourist safety concerns with phrases like "let them die," has won an unfair dismissal case. The Fair Work Commission (FWC) found that while misconduct allegations were substantiated, the employer, SeaLink Whitsundays, mishandled the sacking process.
Tony Ritter, a casual master of the vessel Wildcat, was fired in June 2025 following a complaint lodged by a deckhand, Kobi Curtis. Curtis alleged Ritter displayed "very unsafe behaviour" during Great Barrier Reef excursions, including scrolling on his phone during snorkel watches, not completing safety briefings, and ignoring concerns raised about his actions. She also claimed he vaped while steering the boat and dumped leftover food into the water near snorkellers, violating permit conditions.
SeaLink's own investigation further alleged that Ritter allowed unqualified deckhands to operate the vessel through shipping lanes in windy conditions. Ritter denied the most serious allegation of saying "I just don't give a f***, let them die," with the commission finding insufficient evidence to prove the statement. Ritter stated he took safety seriously, citing a previous incident in 2024 that deeply affected him.
Evidence presented to the FWC detailed multiple instances where Ritter was found asleep and shirtless, including on one occasion in a hammock without a shirt on while passengers were ashore. Ritter argued that skippers sometimes took short naps while passengers were on land visits and attributed drowsiness on one occasion to over-the-counter sleeping tablets taken before his shift, later conceding he should not have reported for duty that day.
He partially admitted to throwing a tray of rice salad overboard out of frustration when crew had not packed up lunch before a snorkelling session, describing it as a "low-end breach." However, another crew member claimed bread rolls, meat, and salad were dumped while guests were snorkelling nearby.
Ritter acknowledged vaping on board, stating it was part of a medically supported smoking cessation program. He also submitted a list of his own complaints against management and colleagues after the allegations surfaced, including accusations of being secretly filmed, breaches of confidentiality, defamation, and workplace harassment.
SeaLink general manager Asher Telford concluded that three misconduct allegations were substantiated, citing a pattern of behaviour that breached safety obligations and company policies. Telford, who had known Ritter for approximately 20 years, reportedly urged him to take a break, noting he appeared burnt out and was engaging in unsafe practices.
Despite finding SeaLink had valid reasons for dismissal based on the misconduct, FWC Deputy President Nicholas Lake ruled the dismissal was unfair due to procedural flaws. The company had effectively concluded the allegations were proven before Ritter had fully responded and failed to allow him to argue against dismissal. SeaLink was ordered to pay Ritter $5,204 in compensation, plus superannuation.
Commissioner Lake was critical of some of Ritter's testimony, noting he appeared to enjoy being on the witness stand, deflected blame, and was preoccupied with his reputation. Ritter had also accused younger female staff members of conspiring against him, which the commissioner described as condescending and sexist, rejecting claims of a conspiracy and noting Ritter's barrage of complaints had the "appearance of being AI-generated."