DHS loses unfair dismissal case after employee’s talkback radio call

John Ryan, an employee of the Victorian Department of Human Services (DHS), didn't realize that his call to a 3AW radio program could cost him his job.

Ryan, who worked at a juvenile detention facility, revealed on air that the facility would be installing razor wire in order to stop inmates from escaping. This was a confidential piece of information, and Ryan's employment with DHS was terminated.

But the commissioner has now found that, although the conduct warranted termination, the department had erred by not following proper procedures. Workplace regulations dictated that Ryan's defences should be investigated - however, only one of them was. In addition, Ryan was not given minutes of a meeting relating to his conduct.

The case comes as a warning to businesses to ensure they are following every step of the unfair dismissal procedure - especially where the facts involve serious allegations such as the leak of confidential information. 

Ryan will be awarded compensation for his dismissal.

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