Resolved complaint (28) about disability discrimination in employment

About the complaint

The complainant is Aboriginal and has post-traumatic stress disorder and other disabilities. He was placed with the respondent cleaning company by a disability employment service. He claimed he was triggered by a workplace incident where he was accidentally locked in a room for a time. He said he asked to always work with a 'buddy' but this request was denied. He said his employment was terminated after he brought a family member to work to accommodate his disability.

The company said it was unaware of the complainant's disability or any need for adjustments. The company said all cleaners work with a 'buddy'. The company confirmed it terminated the complainant's employment after he brought a family member onto a work site on multiple occasions against his manager's direction.

The complaint was resolved with an agreement that the company would characterise the end of the employment relationship as a resignation and provide the complainant with a statement of service. The company agreed to write to the complainant expressing regret that there was miscommunication and he felt unsupported in the workplace. The company undertook to investigate the provision of training on mental health for its staff and to review its policies on supporting employees with disability. The company also agreed to pay the complainant $4,750 as general damages.

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