Stalker of Jackie O Henderson Wins Court Battle

The man jailed for stalking former radio queen has had a huge win in court.

David Gourlay won a major unfair dismissal victory this week after sending a resignation letter to his employer while in a state of 'mental confusion'.

The Courier Mail reported that Gourlay, 38, who worked for Hutchison Ports' container terminal, sent a resignation letter to the company's HR department at 4.31am on September 26, 2024.

The company accepted the resignation at 11.02am; however, Gourlay sent a follow-up email later, stating he had changed his mind about leaving. 

The publication reported that Gourlay later argued before the Fair Work Commission (FWC) that he never intended to resign and was suffering 'paranoid delusions' at the time. 

While Gourlay did not indicate to his employer that he was suffering mental health issues at the time, colleagues reportedly expressed concerns to management on the day of his email, later that afternoon.

The Maritime Union of Australia subsequently escalated the matter, formally requesting that Gourlay be permitted to rescind his resignation, which Hutchison rejected. 

Gourlay then took his case to the Fair Work Commission, asking to be reinstated in his old job.

However, FWC Commissioner Damian Sloan rejected the request, ruling in March last year that there was no dismissal, despite finding that Gourlay was in a state of 'mental confusion' when he sent the email.

The matter escalated again to a Full Bench hearing which found, in December, that Sloan had made an 'appealable error' in his judgment by 'failing to consider events after the resignation email had been accepted'.

The bench did not make a ruling on the case, but rather passed it back to Sloan to reconsider.

This week, Sloan reversed his decision, ruling that Hutchison did not make appropriate enquiries into Gourlay's condition.

'Mr Gourlay had nearly eight years' service. I accept that it was not without its issues, but it was harsh for Hutchison Ports to purport to treat Mr Gourlay's resignation as legally effective and accept it,' Sloan said.

Despite the reversal, Sloan also expressed concerns about Gourlay's fitness to resume work, stating he had 'insufficient evidence' to rule on reinstatement and instead ordered another hearing. 

It comes after Gourlay was sentenced to 16 months in prison for stalking Henderson in December.

It comes after Gourlay was sentenced to 16 months in prison in December for stalking Henderson