Melbourne street sweeper Shaun Turner wins unfair dismissal case over objection to Acknowledgement of Country
A Melbourne street sweeper has successfully challenged his dismissal after the Fair Work Commission (FWC) found it was unfair to sack him for objecting to an Acknowledgement of Country.
Shaun Turner had been a full-time sweeper driver in the City Works department at Darebin City Council before he was dismissed on June 3, 2024.
The dismissal followed a toolbox meeting of the street cleaning team on April 17, 2024, where an Acknowledgement of Country was delivered for the first time at such a gathering.
An Acknowledgement of Country is typically offered at the start of meetings, speeches or events, to show respect for traditional owners and recognise the continuing connection of Aboriginal and Torres Strait Islander peoples to Country.
Turner questioned the practice, saying: 'If we need to be thanking anyone, it's the people who have worn the uniform and fought for our country to keep us free.'
Council officers launched an investigation on May 14 to determine whether Turner should be dismissed.
At a subsequent meeting, the council's chief people officer, Yvette Fuller, said the expectation was that an Acknowledgement of Country should be given before all formal meetings.
Turner replied: 'Why didn't we do it in this meeting then?'
He later added: 'It is getting out of hand and people are losing it, it is now being done at the opening of a postage stamp.'
'I don't need to be welcomed into my own country.'
When asked if he would continue to disrupt an Acknowledgement of Country, Turner said: 'I won't disrupt it but I want to be asked if I would like you to give me the courtesy to step outside.'
The council claimed Turner had said, 'The Acknowledgement of Country is not necessary', and that Aboriginal and Torres Strait Islander people 'do not deserve an acknowledgment at the start of meetings'.
His tone was described as 'disrespectful, sarcastic and aggressive'.
He was also accused of making derogatory remarks about a colleague and inappropriately discussing that colleague's employment details in a group setting.
As a result, Turner was issued with a termination letter citing 'serious misconduct'.
However, the FWC found these did not constitute a valid reason for dismissal.
FWC Deputy President William Clancy said Turner's comments were not made in the tone or manner alleged by the council.
'I am not persuaded that Mr Turner said either 'The Acknowledgement of Country is not necessary' or that Aboriginal and Torres Strait Islanders 'do not deserve an acknowledgment at the start of meetings,' Clancy said.
'I am satisfied, however, that Mr Turner made a comment to the effect that if anyone was to be acknowledged or thanked at a toolbox meeting, it should be the servicemen and women who had fought for this country (i.e. Australia) but I do not consider that expressing such an opinion constitutes a valid reason for dismissal.'
'I regard Mr Turner's various comments as having been a spontaneous expression of his opinion that Acknowledgements of Country are appropriate on special occasions but one was not necessary at the toolbox meeting.
The absence of a valid reason for dismissal led Clancy to conclude that Turner's sacking was unfair and described it as 'harsh, unjust or unreasonable'.
In his testimony to the FWC, Turner said he believed he was 'being made out to be a racist'.
'I've got to say that I was brought up on Broadmeadows. I come from a family of eight,' he said.
'My best friends out at Broadmeadows happen to be Aboriginals, one of them marrying my sister.
'I have a niece and great-niece and nephews who are all Aboriginals.'
Turner is now seeking reinstatement, with a final decision on that and any remedy yet to be made.
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Sky News AU
4 hours ago
- Sky News AU
‘Out of hand': Council worker terminated for refusing Acknowledgement of Country
Sky News host Peta Credlin discusses the termination of a council worker's employment for questioning a workplace Acknowledgement of Country. 'What kind of an employer would insist on beginning every meeting, even a weekly meeting of the street cleaning team, with an acknowledgment of country?' Ms Credlin said. 'The Darebin Council, that's who – possibly the most woke council in Victoria. 'These acknowledgments have totally got out of hand – they've become a way of saying that the country belongs to some of us more than to all of us.'
7NEWS
8 hours ago
- 7NEWS
Melbourne street sweeper Shaun Turner wins unfair dismissal case over objection to Acknowledgement of Country
A Melbourne street sweeper has successfully challenged his dismissal after the Fair Work Commission (FWC) found it was unfair to sack him for objecting to an Acknowledgement of Country. Shaun Turner had been a full-time sweeper driver in the City Works department at Darebin City Council before he was dismissed on June 3, 2024. The dismissal followed a toolbox meeting of the street cleaning team on April 17, 2024, where an Acknowledgement of Country was delivered for the first time at such a gathering. An Acknowledgement of Country is typically offered at the start of meetings, speeches or events, to show respect for traditional owners and recognise the continuing connection of Aboriginal and Torres Strait Islander peoples to Country. Turner questioned the practice, saying: 'If we need to be thanking anyone, it's the people who have worn the uniform and fought for our country to keep us free.' Council officers launched an investigation on May 14 to determine whether Turner should be dismissed. At a subsequent meeting, the council's chief people officer, Yvette Fuller, said the expectation was that an Acknowledgement of Country should be given before all formal meetings. Turner replied: 'Why didn't we do it in this meeting then?' He later added: 'It is getting out of hand and people are losing it, it is now being done at the opening of a postage stamp.' 'I don't need to be welcomed into my own country.' When asked if he would continue to disrupt an Acknowledgement of Country, Turner said: 'I won't disrupt it but I want to be asked if I would like you to give me the courtesy to step outside.' The council claimed Turner had said, 'The Acknowledgement of Country is not necessary', and that Aboriginal and Torres Strait Islander people 'do not deserve an acknowledgment at the start of meetings'. His tone was described as 'disrespectful, sarcastic and aggressive'. He was also accused of making derogatory remarks about a colleague and inappropriately discussing that colleague's employment details in a group setting. As a result, Turner was issued with a termination letter citing 'serious misconduct'. However, the FWC found these did not constitute a valid reason for dismissal. FWC Deputy President William Clancy said Turner's comments were not made in the tone or manner alleged by the council. 'I am not persuaded that Mr Turner said either 'The Acknowledgement of Country is not necessary' or that Aboriginal and Torres Strait Islanders 'do not deserve an acknowledgment at the start of meetings,' Clancy said. 'I am satisfied, however, that Mr Turner made a comment to the effect that if anyone was to be acknowledged or thanked at a toolbox meeting, it should be the servicemen and women who had fought for this country (i.e. Australia) but I do not consider that expressing such an opinion constitutes a valid reason for dismissal.' 'I regard Mr Turner's various comments as having been a spontaneous expression of his opinion that Acknowledgements of Country are appropriate on special occasions but one was not necessary at the toolbox meeting. The absence of a valid reason for dismissal led Clancy to conclude that Turner's sacking was unfair and described it as 'harsh, unjust or unreasonable'. In his testimony to the FWC, Turner said he believed he was 'being made out to be a racist'. 'I've got to say that I was brought up on Broadmeadows. I come from a family of eight,' he said. 'My best friends out at Broadmeadows happen to be Aboriginals, one of them marrying my sister. 'I have a niece and great-niece and nephews who are all Aboriginals.' Turner is now seeking reinstatement, with a final decision on that and any remedy yet to be made.
Sky News AU
11 hours ago
- Sky News AU
'We can't just flick a switch': Australian Restaurant and Cafe Association CEO slams Victoria's gas ban on new buildings and warns of mass closures
The CEO of the Australian Restaurant and Cafe Association, Wes Lambert, has blasted the Victorian government's proposed gas ban for new commercial buildings as 'legislation by stealth', warning it could spark a wave of hospitality closures and a potential day of protest shutdowns across the state. Speaking to Sky News host Steve Price, Mr Lambert said the industry had been 'taken by surprise' by the Andrews-turned-Allan government's plan to ban gas in all new commercial buildings - excluding farms and factories - from January 1, 2027, just weeks after the next state election. 'The industry thought that we would be exempted and that we would be able to continue using gas unabated as the state transitions into more sustainable energy sources,' Mr Lambert said. Under the policy, gas cooktops will be effectively banned from any new bars, restaurants, cafes or takeaway outlets constructed from 2027 - forcing hospitality venues to rely on electric-only equipment, which Lambert argues is commercially and operationally unviable. 'We know that the hospitality industry can't just flick a switch and on the 31st of December to the 1st of January go from gas to electric. It just won't work.' Mr Lambert also warned the government is likely to apply the same gas restrictions to renovations and development applications (DAs) - not just new buildings - potentially affecting the more than 24,000 hospitality businesses operating across Victoria. 'We expect that the government's going to try to sneak in with DAs needing approval… so not just new buildings but also let's say renovations of restaurants and cafes and takeaway businesses around the state.' The warning comes as Victoria continues to suffer the fallout from pandemic-era lockdowns and economic instability, with one in 10 hospitality businesses shutting down in the past 12 months, according to Mr Lambert. Host Mr Price pointed to the fact that within Melbourne alone, they are home to the best restaurants, cafes, and coffee in Australia, citing it as a city of hospitality but believes the government are determined to run so many people out of business calling the situation 'pathetic'. Adding fuel to the fire, hospitality venues now face rising operating costs due to the 3.5 per cent national minimum wage increase, coupled with a 0.5 per cent hike in superannuation, which together are driving up payroll pressure by around 4 per cent. 'I wish I could use the F-word in relation to this potential legislation,' Mr Lambert said. 'We are the hardest hit industry post-COVID in this cost-of-living crisis. We had told the Fair Work Commission that we wanted just a 2 per cent increase. And look, inflation came in at 2.1 per cent today. So, we think we're getting it right.' Mr Lambert hinted at direct action from the industry if the gas ban proceeds in its current form, saying a state-wide closure protest is 'potentially' on the table. 'Potentially we could see a day before this gas ban goes into effect where hospitality businesses unite in solidarity and close for a day just so the government can see that we do stand up together when poor legislation is passed,' he said. The broader gas phase-out plan has already drawn sharp criticism from energy experts, who say the policy will cripple Victoria's already weakened manufacturing base and overload the electricity grid, especially as more households and businesses are forced onto the electric system. Energy analyst Saul Kavonic of MST Financial previously warned the policy risks accelerating the decline of Victorian small businesses and manufacturers, while remaining gas users shoulder higher infrastructure costs. 'You'll see an even further hastening of the deterioration of the manufacturing and small business sector in Victoria,' he said. Although the state government softened its original gas replacement policy after backlash from owner-occupiers, it is still charging ahead with mandatory electrification for all new residential and commercial builds from March 2027. Meanwhile, Victoria is heading for gas shortages by 2029, according to the Australian Energy Market Operator, yet the government's stance continues to spook potential investors in new gas supply projects. Mr Lambert's final plea to the state government was blunt: delay the policy and rethink the damage. 'We think this is poor legislation and we need to stop the electrification of the hospitality industry while we transition,' he said. 'From gas to electric, it's going to take time. It's not something that we can do in just 18 short months.'
