David Gourlay, 38, has been awarded $49,728, plus superannuation, after a court found he was unfairly dismissed from his job at Sydney International Container Terminals Pty Ltd (Hutchison Ports). The decision comes after Gourlay was sentenced to 16 months in prison for stalking radio star Jackie 'O' Henderson.
In April, Gourlay won an unfair dismissal case, having sent a resignation letter to his employer in September 2024 while in a state of "mental confusion." His employer accepted the resignation, but Gourlay later attempted to retract it, stating he had not intended to resign and was experiencing "paranoid delusions."
Colleagues reportedly raised concerns about Gourlay's well-being on the day he sent the resignation email. The Maritime Union of Australia became involved, requesting that Gourlay be allowed to withdraw his resignation, a request that Hutchison Ports rejected. Gourlay then took his case to the Fair Work Commission (FWC).
Initially, FWC Commissioner Damian Sloan ruled in March 2025 that there had been no dismissal, despite acknowledging Gourlay's "mental confusion." However, a Full Bench of the FWC later found that Sloan had made an "appealable error" by not considering events that occurred after the resignation email was accepted. The case was sent back to Sloan for reconsideration.
In April, Sloan reversed his earlier decision, ruling that Hutchison Ports had not made adequate inquiries into Gourlay's condition before accepting his resignation. Sloan determined it was "harsh" for the company to treat the resignation as legally effective. While Gourlay sought reinstatement, Sloan rejected this, citing insufficient evidence of his fitness to return to work. Instead, he ordered compensation equal to Gourlay's lost earnings.
Hutchison Ports has been ordered to pay Gourlay the awarded amount by September 25. The company is required to pay the sum less any applicable taxes, plus 11.5% superannuation.
Gourlay's conviction for stalking Henderson stemmed from a five-month period during which he sent her up to 2,000 Instagram direct messages. Some messages were sent in rapid succession and included personal details about Henderson's life. Court documents revealed Gourlay claimed he and Henderson shared a child, a belief attributed to severe delusions stemming from schizoaffective disorder with bipolar features. His lawyer stated that Gourlay had not been taking his prescribed medication and had experienced hallucinations and paranoia.
An expert report linked Gourlay's actions directly to his mental health condition. His lawyer argued for community-based sentencing, highlighting his remorse and understanding of the impact of his behavior. However, the prosecution emphasized the "abhorrent" nature of the messages and the need for deterrence. Deputy Chief Magistrate Theo Tsavdaridis noted the concerning content of the messages, Henderson's justified fear for her family's safety, and Gourlay's prior criminal history.
Gourlay received a 16-month prison sentence with a non-parole period of eight months. He became eligible for parole in March 2025, having already served time. A five-year apprehended violence order was also issued, prohibiting him from contacting Henderson or her domestic relations, except through legal counsel, until 2030.