Kiwi sues over Oz racism
A Niuean man working for a Rainbow Beach, Queensland, tour company was given a canister labelled ‘Black Guy Repllent’ [sic] by his colleagues when he asked for sunscreen, he claims.
The incident was just one alleged example of ongoing workplace racial vilification that the man, McDuff Tupetagi, is claiming forced him to take sick leave for mental distress and anxiety, and made him feel ‘‘like an unwanted creature or pest’’.
In a statement of facts lodged in the Queensland Industrial Relations Commission this week, Tupetagi said at his work he was frequently made the butt of jokes and referred to as ‘‘the black fella’’.
Tupetagi is now suing the Fraser Island tour company and two of its employees for discrimination. Rainbow Beach Adventure Company is owned by Website Travel Group, which owns a number of travel and tourism companies around Australia.
Website Travel Group general manager Barry Downes said in a statement to Fairfax Media: ‘‘We value all our employees and are supporting the proceedings.’’
In 2016, Tupetagi asked his boss, Mervin O’Neill, to install a sunshade at the workplace to protect him from the sun as he worked on the company’s cars.
After three months, Tupetagi asked again for a sunshade, and O’Neill took the request to his manager, ‘Byron’.
‘‘ ‘Byron’ approached the complainant and refused the complainant’s request, saying to the complainant words to the effect of ‘because you’re black’,’’ the statement of facts reads.
‘‘By Byron’s words, Byron imputed to the complainant that he was less or not susceptible to sunburn and skin damage from the sun because of his skin colour.’’
On November 8, 2017, Tupetagi was told by his coworkers that there was ‘‘a present’’ for him in the car he was next to work on.
In the footwell of the car’s passenger front seat, he found an empty canister of sunscreen wrapped in fluorescent yellow tape, labelled ‘Black Guy Repllent’ [sic] and ‘Caution! Only use on blacks’.
Tupetagi reported the incident to O’Neill, who said it was likely the act of another employee, Joel Mahon.
Telling Tupetagi to go home, O’Neill said he would ‘‘sort it out’’.
At midday, Mahon drove to Tupetagi’s house and told him he had been sent to apologise.
‘‘The complainant told Mr Mahon with words to the effect of ‘you shouldn’t be here’,’’ the statement reads.
A week later, Tupetagi took out a medical certificate and a workers’ compensation certificate declaring him unfit to work due to the stress of the alleged racial discrimination.
Fairfax Media has seen Tupetagi’s Workers Compensation medical certificates, all of which cite discrimination as causing his distress.
Tupetagi has since needed ‘‘extensive’’ psychiatric support and been diagnosed with severe depression and agoraphobia, or fear of leaving safe places, the court documents claim.
The case has reached the Industrial Relations Commission after ongoing negotiations with the company, with Tupetagi claiming his alleged treatment from his employer and colleagues was contemptuous and exposed him to severe ridicule. - Fairfax