Sydney Trains employee sacked for racist TikTok video

A Sydney Trains employee has been sacked over a racist and sexist TikTok video calling his “Chinese workmate” a “wh*re”.

A Sydney Trains employee has been sacked after uploading a racist and sexist video to TikTok in which he filmed himself repeatedly swearing at his “Chinese workmate”, calling her a “sl*t” and a “wh*re” and using the hashtag “#AsianWomen”.

The employee, who was sacked last year after a member of the public complained about the video, filed a $30,250 workers compensation claim for “psychological injury” he suffered from the disciplinary action taken against him by Sydney Trains.

Transport for NSW denied liability, and the matter was brought before the Personal Injury Commission of NSW earlier this month.

The TikTok video posted on April 7, which was also uploaded to the employee’s Snapchat account, was submitted to the commission as evidence.

“The self-taken video of the applicant in uniform in the workplace while he is on shift (apparently in the control room at a train station) could reasonably be regarded as offensive, profane (the applicant swears repeatedly in the video laughingly saying ‘he is about to piss off his Chinese workmate’ entering the room where she was and using the words ‘f**k’ and apparently calling her a ‘sl*t’ and a ‘wh*re’) as well demeaning his female co-worker (also in uniform) whom he films without her consent and identifies with the hashtag ‘Asian women’ when he uploads the video,” commission member Jane Peacock wrote.

“The video is uploaded to a social media platform which is available for view by the general public. The video could reasonably be regarded as one which could bring the respondent into disrepute and damage their reputation.

“In fact it came to the attention of the respondent because the video promptly elicited a complaint from a member of the public.”

Ms Peacock noted that only the day before, a notice had gone out to all staff “warning against posting on social media any content that could damage the reputation of the respondent or which is obscene or might bring the respondent into disrepute whilst identifiable as an employee of the respondent”.

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Sydney Trains acted ‘reasonably’. Picture: James D. Morgan/Getty Images

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The worker was disciplined by his immediate supervisors the next day and told to remove the video. He believed that was the end of the matter.

But he was summoned to another formal meeting the following month, where Sydney Trains explained he would be placed on a six-month performance improvement plan.

His union representative abruptly ended the meeting, complaining that the employer’s conduct was “unreasonable” as the issue had “already (been) dealt with informally with a file note”.

The union suggested that by revisiting the matter 20 days later Sydney Trains had “subjected (the employee) to a form of double jeopardy”.

The commission heard the employee was also distressed at being told, with no detail, that he could face criminal charges.

Ms Peacock did not dispute the worker had suffered psychological injury stemming from the incident, leaving him unable to work for more than five months.

But she ultimately found he was not eligible for compensation as Sydney Trains’ conduct “was in all the circumstances reasonable”.

She noted the employee was offered a performance management pathway which he rejected, resulting in the matter being escalated and eventually leading to his dismissal.

“When I weigh all of the evidence in the balance and weigh the rights of the applicant to a fair process as well as the objective of the respondent in being able to respond to behaviour of one its employees that both brings the respondent into disrepute and demeans and publicly degrades a fellow worker, I am satisfied that the conduct of the respondent was in all the circumstances reasonable,” she said.

She added there was “no unreasonableness to be found in the respondent informing the applicant that his behaviour may potentially result in criminal charges”.

Sydney Trains and the Rail, Tram & Bus Union have been contacted for comment.

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