Resolved complaint (104) about age, sex and disability discrimination in employment

About the complaint

The complainant was 63 years of age and underwent surgery for carpel tunnel syndrome. She said she provided the respondent government agency with medical certificates deeming her fit to return to work in a limited capacity and alleged the agency informed her no suitable duties were available and she should remain home until further notice. The complainant alleged a younger male who underwent a similar procedure was offered duties on his return. 

The agency said the decision not to offer the complainant duties was based on strong and reasonable concerns there were no duties the complainant could perform without exacerbating her injury. The agency claimed the colleague referred to in the complaint underwent a different type of procedure and their situations were not comparable.

The complaint was resolved with an undertaking by the agency to develop a handbook for the coordinators who manage staff returning to work to ensure their practice is consistent with policy related to workers compensation and injury management. The agency also agreed to pay the complainant $5,000.

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.