Source : Perth Now news
A man who claimed he lost a $133,000 government job after he complained about a pride flag being flown in the office foyer has had his case for compensation thrown out of court.
Darren Cook took the NSW Department of Planning Housing and Infrastructure to the NSW Industrial Relations Commission, claiming he was victimised when a job offer was pulled following several objections he made about the flag.
Mr Cook’s case was that his concerns about the flag constituted “public or political activity”, aimed at “influencing government policy”, and were therefore protected.
He sought damages for lost earnings and a job with the department.
However, the IRC said Mr Cook’s real motivation for complaining about the flag were personal as he objected to being associated with it and “the possibility that others might think he was gay”.
Commissioner Daniel O’Sullivan said Mr Cook’s “expressed motivation focused on how the display of the pride flag reflected upon him and how others might perceive him”.
“It does not indicate he was seeking to advance a broader public cause,” he said.
“Similarly, although he submitted his actions were directed towards influencing policy, his description of his reasons for objecting contains no reference to government policy, political beliefs, legislative change or any broader political objective.
“Instead, his stated concern was the personal message he believed the display of the flag conveyed about him.
“His real motivation for raising the concern was a personal objection to being associated with the pride flag and to the possibility that others might think he was gay, rather than participation in a public or political activity.”
Mr Cook had been working as a contract construction project manager in the department’s Heritage Stoneworks team from October 2023 when he applied for a full-time role as a delivery manager in April 2024.
While he wasn’t successful in obtaining that role, he was offered a temporary ongoing contract with the department, which would see him earn $133,183 per year as well as get flex, sick and rec leave.
In early June 2024, Mr Cook complained to his supervisor about the pride flag being displayed beside the National, State, First Nations and Torres Straight Island flags in the front foyer of the builder.
He raised the matter again several other times throughout July and August, and then in mid-August 2024 the job offer was withdrawn.
The IRC found that although Mr Cook was a “prospective employee” his actions were “not a public or political activity”.
In evidence to the commission about his motivation for raising the concerns, Mr Cook described the flag as “club flag” that represented a lifestyle or group that he did not belong to.
“He considered himself to be ‘a part of the other flags that are on display’ but not the pride flag,” Commissioner O’Sullivan said in his judgment.
“When asked what concerned him about that, he said the display of the flag signified to him that he belonged to that group.
“When asked whether he was concerned people would think he was gay, he answered: ‘Yes’.”
