Melbourne Street Sweeper Wins Unfair Dismissal Case Over Acknowledgement of Country Comment

Introduction
A Melbourne council worker has won an unfair dismissal case that has reignited national debate over workplace culture and freedom of expression. Shaun Turner, a full-time street sweeper with Darebin City Council, was sacked after challenging the use of an Acknowledgement of Country during a routine toolbox meeting. But the Fair Work Commission (FWC) ruled that Turner’s dismissal was “harsh, unjust or unreasonable,” and not grounded in a valid reason.

The case has triggered wider conversations about employee rights, cultural protocols in the workplace, and the balance between respect and free speech.

Details of the Incident
The controversy began on April 17, 2024, when an Acknowledgement of Country was introduced for the first time at a street cleaning team meeting. Turner questioned its relevance at a routine gathering, 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.”
• “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.”

The council launched an internal investigation a month later, ultimately terminating Turner’s employment on June 3, 2024. Allegations included disrespectful conduct, discussing a colleague’s employment status, and undermining cultural safety.

Regulatory Actions and Findings
The Fair Work Commission overturned the dismissal, finding that Turner’s comments were mischaracterised and did not meet the threshold for serious misconduct. Deputy President William Clancy noted:

• There was no valid reason for dismissal under the Fair Work Act.
• Turner’s tone was not disrespectful or aggressive as alleged by the council.
• His comments were spontaneous and reflected a personal opinion, not a targeted attack.

“I am satisfied… 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,” Clancy said. “But I do not consider that expressing such an opinion constitutes a valid reason for dismissal.”

Broader Implications
The ruling has broader implications for workplace culture and employee expression in Australia. Critics argue that the use of cultural acknowledgements in every setting risks becoming performative and may alienate workers if not applied with context. Others warn that suppressing dissenting views—however controversial—may create a chilling effect on open dialogue.

The case also touches on deeper issues:

• Worker vulnerability in council and unionised roles when disagreeing with protocol.
• The role of cultural practices in mandatory workplace settings.
• The importance of procedural fairness before termination.

Turner, in his testimony, denied any racist intent. “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.”

Company Response
Darebin City Council has not issued a detailed public comment on the FWC ruling. However, earlier statements cited “serious misconduct” and a breach of cultural expectations as grounds for dismissal. The FWC, however, found those claims unsupported by evidence.

Facility Details
Darebin City Council serves Melbourne’s inner north and is responsible for community services, urban maintenance, and cultural inclusion policies. Turner worked within the City Works department, operating street sweeping machinery as part of the council’s waste and cleaning operations.

Conclusion
As Australia grapples with integrating cultural respect into the workplace, Turner’s case highlights the challenges of balancing inclusion with freedom of expression. While organisations have a duty to foster respectful environments, the FWC ruling reinforces that dissent—when civil and spontaneous—should not cost a worker their livelihood.

The final decision on Turner’s reinstatement and any compensation is still pending.