Resolved complaint (205) about disability discrimination in employment

About the complaint

The complainant has depression and anxiety and was employed with the respondent community legal centre. She alleged her manager declined her request to travel interstate and work remotely to receive treatment recommended by her psychiatrist, telling her an independent medical assessment would be required. The complainant said that on her return to work, she was required to continue working with her manager, despite raising concerns about him to the organisation. She alleged her manager excluded her from her team and allocated her more on-call overnight shifts than her colleagues, despite her disclosing that this was aggravating her anxiety.

The community legal centre denied discriminating against the complainant but agreed to participate in conciliation.

The complaint was resolved with an agreement that the organisation pay the complainant $2,000 and write to her expressing regret for her experience. The organisation also undertook to review policies and procedures relating to staff returning to work after experiencing mental health issues.

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.