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Resolved complaint (67) about racial hatred in employment

Learn how a complaint (67) about racial hatred in employment was resolved through conciliation.

Race discrimination Conciliation register entry

Summary

  • Year: 2023
  • Relevant Act: Racial Discrimination Act
  • Grounds: Colour; Descent; Ethnic origin; National origin/extraction; Race; Racial hatred
  • Area(s): Employment; Other section 9; Racial hatred
  • Settlement terms:
    • Compensation
  • Settlement amount: $3,750

About the complaint

The complainant is from Papua New Guinea and is a person of colour. He was employed as an orderly with the respondent not for profit hospital. The complainant alleged he was subjected to racist slurs and conduct from various staff including a colleague performing mock tribal dances in front of him. The complainant alleged the hospital failed to act on his allegations of racial discrimination. He said his employment was terminated after he damaged a colleague's car in retaliation for ongoing discriminatory treatment.

The hospital claimed it investigated the complainant's allegations and found only one claim to be substantiated. The hospital claimed it took appropriate action in response to the complainant's allegations and that the termination of his employment was appropriate. 

The complaint was resolved with an agreement that the hospital pay the complainant approximately $3,750, equivalent to three weeks' salary.

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.

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