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Resolved complaint (147) about disability discrimination in employment

Learn how a complaint (147) about disability discrimination in employment was resolved through conciliation.

Disability rights Conciliation register entry

Summary

  • Year: 2024
  • Relevant Act: Disability Discrimination Act
  • Grounds: Disability
  • Area(s): Employment
  • Settlement terms:
    • Compensation

    • Employment - adjustments provided

    • Statement of regret - private

    • Training - anti-discrimination/EEO training reviewed/revised

  • Settlement amount: $7,500

About the complaint

The complainant has Attention-Deficit and Hyperactivity Disorder and Persistent Depressive Disorder and works as a distance education teacher with the respondent government department. He alleged the department declined his request to work from home to accommodate his disability on the basis that he had not provided sufficient evidence to support his request. 

On being notified of the complaint, the department indicated it would be open to allow the complainant to work from home to accommodate his disability, so long as the adjustments did not prevent the complainant from performing the inherent requirements of his role or cause unjustifiable hardship to the Department. 

The complaint was resolved with an agreement that the department write to the complainant expressing its regret for the events giving rise to the complaint and pay him $7,500 as general damages. The department also agreed that its senior managers would undertake e-learning modules on managing staff with disability.

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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