What happened when the symbol of workplace trauma became personal body art
An experienced HR team dismissed two employees for workplace bullying. Then the complainant got a pentagram tattoo—the very symbol she said terrified her.
The Fair Work Commission overturned both dismissals on February 5, 2026, ordering Queensland Venue Co Pty Ltd to pay $15,455.76 in compensation. The decision shows how even seasoned HR professionals can misread workplace incidents when investigations lean on assumptions more than evidence.
Emma Donato, a duty manager at Cleveland Sands Hotel, had been leaving small rubber ducks around staff areas in July 2025 as a morale booster. On July 3, she arranged ducks and a hand-drawn pentagram on a manager's desk, planning to follow it up with a larger duck the next day as the finale of the joke.
The manager found the display on July 4 and lodged a formal complaint, writing that although the ducks might seem funny, "it is a symbol evoking the devil. I have past experiences that terrify me of these ritualistic actions, but I'm sure it would upset anyone." National People and Culture Manager Jacqueline Griffin led an investigation using roster checks and CCTV to identify Emma, who was dismissed on July 9, 2025.
Emma's wife, Serena Donato, worked as a Food and Beverage Supervisor at another venue in the group. She became entangled when she posted about the incident in a private Instagram group chat of around 30 current and former employees on July 6, asking who knew what about "the aftermath of the ducks" and noting Emma was worried about HR. The company concluded Serena's posts mocked the complainant and tried to protect Emma. Serena was also dismissed on July 9.
The Commission disagreed on multiple fronts.
First, the employer's theory that Serena and the complainant had a difficult relationship was never backed by evidence. Griffin admitted under questioning she could not point to any specific records or discussions with Serena about problems at work. Serena told the Commission she had never been warned about issues with the complainant.
Second, the complainant's account of the impact was not tested against later behaviour. On August 11, 2025, just over a month after the dismissals, the complainant publicly posted that she had obtained a pentagram tattoo. She then worked an event on August 23, 2025, titled "Necrosonic" at a sister venue, which heavily featured pentagram marketing. Commissioner Simpson said this seemed "somewhat incongruent with the level of impact the Complainant appears to have communicated to the Respondent, that the incident had on her."
Third, the evidence did not support the idea that Emma's prank targeted only the complainant. Ducks had been placed around the venue generally, including in the head chef's in-tray. The Commission accepted Emma's evidence that while the prank was unwise, it was not malicious and did not amount to bullying.
The Commission also accepted Serena's evidence that she did not initially know the complainant was distressed and only learned this as the Instagram conversation unfolded. The messages, viewed in context, did not amount to bullying or mockery.
The disciplinary process came under scrutiny too. Commissioner Simpson described the meetings as "somewhat perfunctory" and noted they did not seriously examine the relationship between the complainant and the two employees or properly test the alleged motives.
Crucially, the Commission held the conduct did not meet the legal definition of workplace bullying. The employer had relied on its Equal Opportunity, Diversity & Inclusion Policy, but the Commission found that even if the policy had been breached, this was not the kind of breach that justified dismissal.
Emma was awarded six weeks of lost wages at $1,400.96 per week, totalling $8,405.76, plus superannuation. Serena received six weeks at $1,175 per week, totalling $7,050, plus superannuation. No reductions were made for misconduct.
For senior HR and people leaders, the decision is a reminder that internal policies, complainant accounts and gut feelings about culture all need testing against concrete evidence and actual legal thresholds for bullying. The rubber ducks might have been a poor joke, but calling them bullying—and firing two employees for it—went too far.
