Latest news with #DarebinCityCouncil
Perth Now
9 hours ago
- Politics
- Perth Now
Worker's big win over 'out of hand' gesture
A worker has scored a major victory at the Fair Work Commission after he was unfairly sacked from an inner-city Victorian council for objecting to an Acknowledgement of Country. Shaun Turner, a street sweeper with Darebin City Council, was dismissed from his full-time position at the council in June last year following interruptions he made to acknowledgment remarks at an earlier meeting in April. The council claimed he said 'the Acknowledgement of Country is not necessary' and Aboriginal and Torres Strait Islanders 'do not deserve an acknowledgment at the start of meetings'. The council also accused him of speaking in a tone that was perceived as disrespectful, sarcastic and aggressive. Mr Turner claimed he had simply questioned why the acknowledgment statement was necessary because it was the first time it had been done at a toolbox meeting and said 'if we need to be thanking anyone it's the people who have worn the uniform and fought for out country to keep us free'. He also denied speaking in the aggressive or inappropriate tone. The council also claimed he made a derogatory comment about a colleague, but Mr Turner said he was 'entrapped' or induced to do so by a council officer. Darebin City Council takes in part of Melbourne's northeast. Google Maps Credit: News Corp Australia At later a meeting in May, Mr Turner also said 'it is getting out of hand and people are losing it, it is now being done at the opening of a postage stamp' and 'I don't need to be welcomed into my own country'. An Acknowledgement of Country is a common practice that regularly precedes formal events where a speaker recognises the traditional Indigenous custodians of the land where the event or meeting takes place. The council delivered its termination letter to Mr Turner on June 3, claiming he had 'not provided a work environment that fostered mutual respect and working relationships free from all forms of discrimination, harassment, bullying and victimisation' and had 'engaged in racial discrimination and vilification by inciting and encouraging hatred, serious contempt for, revulsion or serious ridicule against another person because of their race'. But this week, FWC deputy president William Clancy ruled that Mr Turner's dismissal was 'harsh' and 'unreasonable' and employees did not need to 'act in complete deference to their employer's views'. 'The proposition underlying the respondent's (Darebin council) case appears to be that there will be a valid reason for dismissal if an employee fails to act in complete deference to their employer's views and, moreover, does not adopt them,' he said. 'I do not accept this proposition. 'In the absence of a single witness to his actions attesting to having felt disrespect, Mr Turner was dismissed because he did not embrace the delivery of an Acknowledgement of Country at a toolbox meeting and instead employed sarcasm when expressing his opinion that Acknowledgements of Country are at risk of being overused.' FWC deputy president William Clancy ruled that employees did not need to act in complete deference to their employer's views. NewsWire / Martin Ollman Credit: News Corp Australia Mr Clancy found the worker had declared that acknowledgments were warranted on special occasions. 'Offence was taken because Mr Turner held a contrary view,' Mr Clancy said. He also found the council's termination letter contained errors. 'The respondent (council) asserted in the termination letter that … Mr Turner confirmed he had said 'the Acknowledgment of Country is not necessary' and that Aboriginal and Torres Strait Islanders 'do not deserve an acknowledgment at the start of meetings' … This is not correct,' Mr Clancy said. 'Mr Turner did not confirm these two statements at that meeting.' He also rejected Mr Turner's alleged inappropriate tone as a valid reason for dismissal. Darebin chief executive Michael Tudball, in a statement from Thursday morning, said the council respected the court process and FWC's authority. 'I want to take this opportunity to reiterate our unwavering commitment to providing everyone with a safe working environment at Darebin,' he said. 'That includes physical safety, cultural safety, and emotional safety. 'At council we have an ongoing commitment to recognise, respect and value Aboriginal and Torres Strait Islander people and cultures in the community and our organisation.' Mr Turner is seeking to be reinstated to his job.
News.com.au
9 hours ago
- Politics
- News.com.au
Street sweeper Shaun Turner wins at FWC against Darebin Council over Acknowledgement of Country sacking
A worker has scored a major victory at the Fair Work Commission after he was unfairly sacked from an inner-city Victorian council for objecting to an Acknowledgement of Country. Shaun Turner, a street sweeper with Darebin City Council, was dismissed from his full-time position at the council in June last year following interruptions he made to acknowledgment remarks at an earlier meeting in April. The council claimed he said 'the Acknowledgement of Country is not necessary' and Aboriginal and Torres Strait Islanders 'do not deserve an acknowledgment at the start of meetings'. The council also accused him of speaking in a tone that was perceived as disrespectful, sarcastic and aggressive. Mr Turner claimed he had simply questioned why the acknowledgment statement was necessary because it was the first time it had been done at a toolbox meeting and said 'if we need to be thanking anyone it's the people who have worn the uniform and fought for out country to keep us free'. He also denied speaking in the aggressive or inappropriate tone. The council also claimed he made a derogatory comment about a colleague, but Mr Turner said he was 'entrapped' or induced to do so by a council officer. At later a meeting in May, Mr Turner also said 'it is getting out of hand and people are losing it, it is now being done at the opening of a postage stamp' and 'I don't need to be welcomed into my own country'. An Acknowledgement of Country is a common practice that regularly precedes formal events where a speaker recognises the traditional Indigenous custodians of the land where the event or meeting takes place. The council delivered its termination letter to Mr Turner on June 3, claiming he had 'not provided a work environment that fostered mutual respect and working relationships free from all forms of discrimination, harassment, bullying and victimisation' and had 'engaged in racial discrimination and vilification by inciting and encouraging hatred, serious contempt for, revulsion or serious ridicule against another person because of their race'. But this week, FWC deputy president William Clancy ruled that Mr Turner's dismissal was 'harsh' and 'unreasonable' and employees did not need to 'act in complete deference to their employer's views'. 'The proposition underlying the respondent's (Darebin council) case appears to be that there will be a valid reason for dismissal if an employee fails to act in complete deference to their employer's views and, moreover, does not adopt them,' he said. 'I do not accept this proposition. 'In the absence of a single witness to his actions attesting to having felt disrespect, Mr Turner was dismissed because he did not embrace the delivery of an Acknowledgement of Country at a toolbox meeting and instead employed sarcasm when expressing his opinion that Acknowledgements of Country are at risk of being overused.' Mr Clancy found the worker had declared that acknowledgments were warranted on special occasions. 'Offence was taken because Mr Turner held a contrary view,' Mr Clancy said. He also found the council's termination letter contained errors. 'The respondent (council) asserted in the termination letter that … Mr Turner confirmed he had said 'the Acknowledgment of Country is not necessary' and that Aboriginal and Torres Strait Islanders 'do not deserve an acknowledgment at the start of meetings' … This is not correct,' Mr Clancy said. 'Mr Turner did not confirm these two statements at that meeting.' He also rejected Mr Turner's alleged inappropriate tone as a valid reason for dismissal. Darebin chief executive Michael Tudball, in a statement from Thursday morning, said the council respected the court process and FWC's authority. 'I want to take this opportunity to reiterate our unwavering commitment to providing everyone with a safe working environment at Darebin,' he said. 'That includes physical safety, cultural safety, and emotional safety. 'At council we have an ongoing commitment to recognise, respect and value Aboriginal and Torres Strait Islander people and cultures in the community and our organisation.' Mr Turner is seeking to be reinstated to his job.
Daily Mail
13 hours ago
- Politics
- Daily Mail
Melbourne street cleaner sacked for objecting to an Acknowledgement of Country wins unfair dismissal claim
A Melbourne street cleaner has won an unfair dismissal claim after being sacked after objecting to an Acknowledgement of Country. When Shaun Turner asked why the Acknowledgement of Country was being made for the first time at a street cleaning meeting, Darebin City Council let him go. He told the meeting: 'If you 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 then investigated his alleged 'serious misconduct', and he doubled down. 'It's 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.' Mr Turner attended the meeting with council managers with an Indigenous support person and shared his view with investigators that the Acknowledgement of Country should be reserved for more formal or international occasions. Yvette Fuller, Chief People Officer at the council, told Mr Turner that it is a firm expectation for an Acknowledgement of Country to precede all formal meetings. Mr Turner replied: 'Why didn't we do it in this meeting then?' 'It is getting out of hand and that is why people are losing it, it is now being done at a postage stamp. 'As far as I know half of us are born here, I don't need to be welcomed to my own country. If people don't want to be there, they can leave. Ms Fuller then asked: 'Are you saying you will continue to disrupt an Acknowledgement of Country?' Mr Turner replied: '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's decision to terminate Mr Turner was based on allegations that he questioned the relevance of the Acknowledgement of Country and that Aboriginal and Torres Strait islander people 'do not deserve an acknowledgement at the start of meetings'. The termination letter stated that during the 21 May 2024 meeting, Mr. Turner confirmed he had said 'The Acknowledgment of Country is not necessary' and that Aboriginal and Torres Strait Islanders 'do not deserve an acknowledgment at the start of meetings' during the Toolbox Meeting. But Fair Work Commission's Deputy President, Richard Clancy, found that Mr Turner's statements were not delivered in the manner or tone alleged by the council. 'I am not persuaded that Mr Turner said either 'The Acknowledgment of Country is not necessary' or that Aboriginal and Torres Strait Islanders 'do not deserve an acknowledgment at the start of meetings'.' '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,' Mr Clancy said. He said Acknowledgement of Country would have caught the members of the Street cleansing team off guard and that Mr Turner's specific question 'are you joking?', together with his reference to the 'opening of a letter', were an articulation of a reaction of surprise. The Council's submissions indicate that it took particular offence to Mr Turner's use of the word 'courtesy' in the following statement. 'I won't disrupt it [an Acknowledgement of Country], but I want to be asked if I would like you to give me the courtesy to step outside.' They said it 'displayed contempt to the councils Indigenous employees and community'. But Mr Clancy disagreed. 'That Mr Turner holds a different point of view when it comes to Acknowledgements of Country does not, of itself, make him contemptuous of the Respondents.' Mr Clancy noted that both Ms Fuller and Elizabeth Skinner, who was the city works manager at the time, were sufficiently concerned by Mr Turner's conduct that they each contacted his Indigenous support person after the meeting to offer an apology -though there was no evidence the support person felt offended. Mr Turner's testimony included: 'I believe that I'm being made out to be a racist. 'Well, I've got to say that I was brought up on Broadmeadows. I come from a family of eight. 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.' The Fair Work Commission will convene a subsequent hearing to consider Mr Turner's request for reinstatement and determine the remedy for the unfair dismissal. 'I reiterate that even if the reasons for the dismissal relating to the comments about Acknowledgements of Country and Mr Turner's colleague were regarded as valid, the dismissal was harsh because it was disproportionate having regard to context within which his comments were made and Mr Turner's circumstances,' Mr Clancy said.
Sky News AU
13 hours ago
- Politics
- Sky News AU
Melbourne street sweeper wins unfair dismissal case against left-wing council after objecting to Acknowledgment to Country
Melbourne street sweeper Shaun Turner has won his unfair dismissal case after he was sacked by a left-wing council for objecting to an Acknowledgment to County before a weekly toolbox meeting. Mr Turner was dismissed by Darebin City Council for questioning why an Acknowledgement of Country was being introduced at a meeting of the street cleaning team. The street cleaner insisted if anyone should be thanked, it was the "people who have worn the uniform and fought for our country to keep us free". Mr Turner said Acknowledgments to Country were "getting out of hand". "It is now being done at the opening of a postage stamp,' he told council managers. 'I don't need to be welcomed into my own country.' According to the Australian, during the meeting with council managers, Mr Turner was accompanied by an Indigenous support person. He told the council managers investigating his alleged "serious misconduct" that he believed Acknowledgment to Country should only be invoked for special occasions. According to the outlet, the Darebin City Council's chief people officer Yvette Fuller told the street cleaner that there were "very strong expectations" the Acknowledgement was undertaken at "all formal meetings". Mr Turner then questioned why an Acknowledgment had not occurred during the meeting with investigators. The council terminated Mr Turner and alleged he said the Acknowledgment was not necessary and that Indigenous people did not "deserve an acknowledgement at the start of meetings'. Darebin City Council also alleged Mr Turner had made derogatory remarks about a colleague. Fair Work Commission deputy president Richard Clancy found the council misrepresented Mr Turner's comments. "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,' Mr Clancy said. Mr Clancy said the street cleaner and his team were caught by surprise at the Acknowledgment to Country and that Mr Turner's remarks, specifically his question, "are you joking?" was a reaction of genuine surprise. 'I reiterate that even if the reasons for the dismissal relating to the comments about Acknowledgements of Country and Mr Turner's colleague were regarded as valid, the dismissal was harsh because it was disproportionate,' Mr Clancy said. The Fair Work Commission deputy president also acknowledged that an Acknowledgment to Country had not been performed before the formal investigation meeting, which was attended by an Indigenous support person. Mr Turner said in his testimony that he believed he had been "made out to be a racist". 'Well, I've got to say that I was brought up on Broadmeadows. I come from a family of eight. 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," Mr Turner said. He has sought a full reinstatement and another commission hearing will be held to determine further remedies following Mr Turner's unfair dismissal. has contacted Darebin City Council for comment.
