Resolved complaint (225) about disability discrimination and victimisation in employment
Learn how a complaint (225) about disability discrimination and victimisation in employment was resolved through conciliation.
Summary
- Year: 2025
- Relevant Act: Disability Discrimination Act
- Grounds: Disability; Victimisation
- Area(s): Employment
- Settlement terms:
- Compensation
- Employment - other
- Statement of regret - private
- Settlement amount: $10,000
About the complaint
The complainant is HIV+ and worked for the respondent financial institution. He alleged that when he sought to access special leave to undergo surgery associated with his disability, the company disregarded his request to minimise disclosure of specific information about his disability. The complainant alleged the company failed to accommodate his disability when it placed him on a coaching plan and declined his request to work from home when he contracted COVID-19. The complainant alleged that after he complained about this treatment and indicated he may approach the Commission for assistance, the company directed him to attend an independent medical assessment and revoked his system and building access. The complainant said he felt he had no option but to resign.
The company said it placed the complainant on an informal performance management plan due to performance concerns. The company said that the plan required the complainant to work from the office but when he contracted COVID-19, the company was supportive of him working from home or taking leave and provided him with special leave for this purpose.
The complaint was resolved by conciliation with an agreement that the company write to the complainant acknowledging his experience and pay him $10,000. The company also agreed to arrange a meeting to enable the complainant to share his experience of being a HIV+ employee at the company with a human resources representative.
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Please note:
- all complaints are de-identified
- complaints are resolved on a 'without admission of liability' basis
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