Atlassian has filed an appeal against a ruling by the US National Labor Relations Board (NLRB) that found the company violated US labor laws when it terminated an engineer following a dispute over the firm’s restructuring efforts. The Sydney-based software giant’s appeal challenges both the findings and the legal interpretations underpinning the decision.

Denise Unterwurzacher, who worked as an engineer at Atlassian until June 2023, initiated legal action earlier this year. She claimed her dismissal came after she openly challenged co-founder Mike Cannon-Brookes and other executives during an internal virtual town hall addressing changes to managerial roles, including potential layoffs. Ms. Unterwurzacher’s concerns were expressed partly via Slack threads, drawing internal reprimands.

In July, the NLRB ruled in favor of Unterwurzacher, stating that Atlassian’s firing of the engineer infringed upon protections for employee speech under US workplace law. The board ordered the company to reinstate her and provide back pay. Atlassian has now appealed, arguing the board’s conclusions were flawed. The company contends that certain remarks made by Ms. Unterwurzacher crossed an established legal boundary, particularly a Slack message deemed a protected activity in the original ruling.

Among other comments exchanged during the June 2023 town hall—hosted by Cannon-Brookes and then-Chief Technology Officer Rajeev Rajah—various employees made critical remarks referencing Cannon-Brookes’ other ventures and personal wealth. Examples included jabs about his delayed $30 billion SunCable solar project and statements such as, “I guess with enough money everyone becomes tone-deaf” and “Shut up and go back to your mines peasant.”

Atlassian’s legal team differentiated these remarks from those made by Unterwurzacher, describing the latter as explicitly targeted and impersonating the CEO with allegations of intentional harm toward employees’ careers. They argued that while some comments were crude and anonymous, they were spontaneous reactions without targeting specific individuals. The company maintains that Unterwurzacher’s conduct went beyond permissible employee speech protections.

The dispute centers on the limits of employee expression in the workplace, especially during periods of organizational change. Atlassian next seeks to overturn the NLRB’s ruling, maintaining its dismissal decision was lawful. The case highlights ongoing tensions between corporate management and employee activism within major technology firms.