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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.
