Resolved complaint (126) about disability and family responsibility discrimination and and victimisation in employment
Learn how a complaint (126): disability and family responsibility discrimination and and victimisation in employment — resolved by conciliation.
Summary
- Year: 2024
- Relevant Act: Disability Discrimination Act; Sex Discrimination Act
- Grounds: Disability; Family responsibilities; Victimisation
- Area(s): Employment
- Settlement terms:
- Compensation
- Employment - other
- Policy change/Change in practice (internal staff)
- Settlement amount: $20,000
About the complaint
The complainant has a neurological disability affecting her sleep and occasional caring responsibilities for a family member. She was placed at the respondent government agency by the respondent consulting firm. She claimed the agency originally offered to allow her to work from home as needed to accommodate her disability and to work interstate when required by her family responsibilities. She alleged these arrangements were removed without consultation and not replaced with any adjustments to accommodate her disability and family responsibilities. In addition, the complainant alleged that the agency monitored her work and breaks in an invasive manner and threatened to end her employment while she was on sick leave and that ultimately the respondents ended her employment.
The respondents denied discriminating against the complainant and claimed her contract was terminated due to performance concerns.
The complaint was resolved with an agreement that the respondents pay the complainant $15,000 as general damages and $5,000 in lieu of notice. The respondents also undertook to develop educational materials for managers and staff to facilitate respectful conversations about employees' disability and need for adjustments.
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.
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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.
