Resolved complaint (33) about disability, sex, racial and criminal record discrimination in employment
Learn how a complaint (33) about disability, sex, racial and criminal record discrimination in employment was resolved through conciliation.
Summary
- Year: 2021
- Relevant Act: Disability Discrimination Act; Racial Discrimination Act; Sex Discrimination Act; Other discrimination in employment
- Grounds: Criminal record; Descent; Disability; Race; Sex
- Area(s): Employment
- Settlement terms:
- Apology - private
- Employment - other
About the complaint
The complainant is Aboriginal and cares for three children. She has fibromyalgia, depression, anxiety, and experiences chronic pain. The complainant worked as a health practitioner with the respondent Aboriginal health service, the only one in the area. She alleged the health service initially rejected a medical certificate because she consulted a colleague at the health service, questioned her absenteeism, and declined a request to work part-time hours for one week to accommodate her caring responsibilities. She also alleged the health service required her to either access leave without pay or resign after she was convicted of unlawful wounding.
The health service denied the allegations but indicated a willingness to participate in conciliation.
The complaint was resolved with an agreement that the health service write to the complainant apologising for the hurt and distress she experienced as a result of the events giving rise to the complaint. The health service undertook to include an insert in its newsletter welcoming the complainant's return to work. The parties agreed to engage in discussions to facilitate the complainant's return to work.
Guidance on the use of these summaries
This is a summary of a selected complaint that has been resolved through our conciliation process. It's designed to help people better understand how complaints might be resolved and what outcomes are possible.
These summaries are for general guidance only and are not legal advice. If you need advice about your situation, you should seek independent legal support.
Please note:
- all complaints are de-identified
- complaints are resolved on a 'without admission of liability' basis
- some content may include confronting or offensive language.
