Street sweeper Shaun Turner wins at FWC against Darebin Council over Acknowledgement of Country sacking
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.
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