Worker Wins Unfair Dismissal Case After He Criticised ‘Acknowledgement of Country’

‘I believe that I’m being made out to be a racist,’ the dismissed worker said.

The Aboriginal Flag is seen flying during the NAIDOC March in Melbourne, Australia in July 2005. Photo by Darrian Traynor/Getty Images

A Melbourne council worker has won an unfair dismissal case against his employer after he was sacked for his opinion on an Acknowledgement of Country being performed during a morning meeting.

Street cleaner Shaun Turner was dismissed from Darebin City Council after he questioned the need to perform an Acknowledgement of Country—which credits the Indigenous people of the region—during a “toolbox” safety briefing.

“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,” he told the meeting.

Turner’s employer alleged he had been disrespectful and aggressive, a claim the Fair Work Commission said was unfounded.

“It is getting out of hand and people are losing it, it is now being done at the opening of a postage stamp,” Turner said during the council’s subsequent investigations into his original comments.

“I don’t need to be welcomed into my own country.”

During investigations, Turner said he would not disrupt any further Acknowledgements of Country but rather asked for permission to leave the room for their duration.

An Aboriginal flag is seen in Bondi Beach during Australia Day celebrations, in Sydney, Australia, on Jan. 26, 2022. AAP Image/Jeremy Ng

Council Staff Expected to Comply

The unfair dismissal hearing on June 24 found that Darebin City Council’s case against Turner rested on the premise that all employers must, without question, both subscribe and adhere to its views when it comes to Acknowledgements of Country.

“The proposition underlying the respondent’s 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,” Fair Work Commission Deputy President Richard Clancy said during the hearing.

“I do not accept this position.”

The commission found Turner was dismissed because he employed sarcasm when expressing his opinion that Acknowledgements of Country ceremonies are at risk of being overused.

Turner, however, had declared both at the “toolbox” meeting and during workplace investigations that he believed Acknowledgements of Country were warranted on special occasions.

Offence Taken by Employees

The commission found that offence was taken by two council staffers who conducted the investigation,

“Offence was taken because Mr. Turner held a contrary view,” Clancy noted.

They later individually contacted Turner’s support person, who happened to be an Indigenous man, to apologise.

But there was no indication that the support person felt offended.

It was further heard that Turner, who has worked for the council since 2017, has Aboriginal family by marriage, including a brother-in-law.

“I believe that I’m being made out to be a racist,” he said during the workplace investigation by his employer.

While Turner’s employer had claimed he said Aboriginals and Torres Strait Islanders did not “deserve” an acknowledgement at the start of meetings, Clancy said he was not persuaded that comment had occurred.

“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... but I do not consider that expressing such an opinion constitutes a valid reason for dismissal,” he said.

The Fair Work Commission will hold an additional hearing to consider Turner’s request to go back to work and any appropriate action towards his employer.