30-06-2025
Street cleaner breaks his silence after being sacked for objecting to an Acknowledgment of Country
A street sweeper who won an unfair dismissal claim after he was fired for objecting to an Acknowledgment of Country has broken his silence.
Melbourne man Shaun Turner, 60, was sacked from his role as a street sweeper for Darebin City Council in June 2024 after he questioned the ceremony at a toolbox meeting.
The council worker, whose father served in World War II, 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.'
'It's getting out of hand and people are losing it, it is now being done at the opening of a postage stamp.'
Council officers investigated Mr Turner's alleged 'serious misconduct' but the father-of-three doubled down and he was let go.
'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,' Mr Turner told the officers.
Mr Turner also told officers that Acknowledgement of Country should be reserved for more formal or international occasions.
The Fair Work Commission upheld his unfair dismissal claim, with Mr Turner believing his legal win resonated with the 'silent majority' of people in Australia.
Mr Turner, who voted Liberal at the recent election, said 'of course' the country had become too politically correct.
'I just feel like if you were a pale, stale male you can't go to work now and have a laugh,' Mr Turner told The Australian.
'If me and you are having a laugh over here, and he (a third person) takes it to management, well, next minute we're getting a warning for not being inclusive.'
Mr Turner explained he holds 'centre right' views and dislikes both Anthony Albanese and Dan Andrews.
He added the workplace was being overrun by 'programmed robots', with everyone having to be careful with what they say.
Fair Work Commission Deputy President Richard Clancy ruled in favour of Mr Turner labelling his dismissal as 'harsh' and 'disproportionate'.
The commission is set to hold a hearing to consider Mr Turner's request for reinstatement and to determine the remedy for the unfair dismissal.
Mr Turner said he would not speak about the details of his case as the commission was deliberating, however he wanted it known that his actions were not racially motivated.
'When it comes to this, the first thing that happens is you are labelled racist. I may not like a lot of people but I have no problem with Aboriginal people,' Mr Turner said.
'I played football, I was brought up with people of all races in Broadmeadows. Some you get on with, some you don't. The easy thing to throw around these days if you can't win an argument is to call someone racist.'
Mr Turner believes Acknowledgement of Country is unsuitable for small meetings and should rather be reserved for large events attended by international visitors.
Before Mr Turner was dismissed, he attended another meeting with Council Chief of People Officer Yvette Fuller.
Ms Fuller informed Mr Turner that there was a firm expectation for an Acknowledgment of Country to precede all formal meetings.
Mr Turner questioned: 'Why didn't we do it in this meeting then?,' to which Ms Fuller then asked: 'Are you saying you will continue to disrupt an Acknowledgement of Country?'.
'I won't disrupt it but I want to be asked if I would like you to give me the courtesy to step outside,' he replied.
In his termination letter, Darebin City Council alleged during the May 21, 2024 meeting that Mr Turner had said 'the Acknowledgment of Country is not necessary'.
The council further alleged Mr Turner said Aboriginal and Torres Strait Islanders 'do not deserve an acknowledgment at the start of meetings'.
But Fair Work Commission's Deputy President Richard Clancy found 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',' Mr 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.'
Mr Clancy said the Acknowledgement of Country would have caught the members of the street cleaning team off guard.
He added Mr Turner's specific question 'are you joking?' and his reference to the 'opening of a postage stamp' was the articulation of a reaction of surprise.
'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,' Mr Clancy said.
'His comments were laced with his underlying frustration in relation to the various issues pertaining to his work.
'I have not been persuaded these particular comments of Mr Turner either rise to the level of having been disrespectful and aggressive in tone, or that they were perceived by anyone to be so.'
Mr Clancy labelled Mr Turner's dismissal as 'harsh' and 'disproportionate' to the context within which his comments were made.
'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,' Mr Clancy said.
'It was disproportionate having regard to the context within which his comments were made and Mr Turner's circumstances.'
The Council's submissions indicated that it took particular offence to Mr Turner's use of the word 'courtesy' when asked if he would be given the option to 'step outside' during an Acknowledgement of Country.
Council said the use of the word 'displayed contempt to the council's Indigenous employees and community'.
But Mr Clancy disagreed with the council's assessment.
'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.
However, during the Fair Work proceedings, there was no evidence given to show the support person felt offended.
In his testimony for the Fair Work claim, Mr 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 Aboriginal [people], one of them marrying my sister. I have a niece and great-niece and nephews who are all Aboriginal.'
