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Conciliation Register

Act Disability Discrimination Act
Grounds Assistance animal
Disability
Areas Employment
Outcome details

Compensation

Amount $22,500
Year

The complainant has Post-Traumatic Stress Disorder (PTSD) and uses an assistance dog. She claimed that when her employer, the respondent state government corporation, transitioned to “hot-desking", she requested adjustments that included an anchor desk, regular contact with her manager, and to be accompanied by her assistance dog in the office. She alleged her requests were refused or not properly implemented and that she was told that PTSD is “easy to fix” so she should just “fix it”. The complainant said her health deteriorated as a result and she felt she had no option but to resign.

The state government corporation claimed it had properly accommodated the complainant’s disability when it transitioned to “hot-desking” arrangements.

The complaint was resolved with an agreement that the state government corporation pay the complainant $22,500 as general damages.

Act Sex Discrimination Act
Grounds Gender identity
Areas Goods, services and facilities
Outcome details

Policy change/Change in practice

Year

The complainant and their partner identify as non-binary. They alleged that when making a booking with the respondent airline, they were required to use binary gender and honorific options.

The respondent airline acknowledged the complainant's experience and limitations of the online booking system for non-binary passengers. The airline explained that it was difficult to update its booking system as it was connected to other business systems, not all of which may be associated with the airline. Following a review of its systems, the airline outlined the stages and timeline the improving the airline’s systems to provide non-binary/gender neutral options across all of its systems and processes. The airline updated its online booking system so that passengers will have the ability to select “undisclosed” as a gender option and “MX” as an honorific. 

The complainant considered the complaint resolved based on the actions taken by the airline in response to the complaint.

Act Age Discrimination Act
Grounds Age
Areas Goods, services and facilities
Outcome details

Goods/services/facilities

Year

The complainant’s mother is 100 years of age and has a health insurance policy with the respondent insurer. The complainant alleged the insurer’s claims system did not recognise a triple-digit age and that she was told her mother would need to make a claim manually by taking a photo of the receipt with her smartphone or scanning the receipt. The complainant said her mother does not own a scanner or mobile phone.

In response to the complaint the insurer apologised to the complainant and her mother for the inability of their claim system to recognise triple-digit age information and the inconvenience this caused to the complainant’s mother. The insurer updated its system to recognise triple-number age information. The complainant and her mother considered the complaint resolved on this basis.

Act Disability Discrimination Act
Grounds Disability aid
Disability
Areas Goods, services and facilities
Outcome details

Compensation

Amount $1,000
Year

The complainant uses a wheelchair and alleged he was unable to book a flight with the respondent airline at his preferred time because assistance for passengers who use a wheelchair was unavailable.

The airline claimed that assistance for passengers who use a wheelchair was available for the flight the complainant wanted to book.

The complaint was resolved with an agreement that the airline pay the complainant $1,000 as compensation for the additional cost of booking the flight with a different airline.

Act Disability Discrimination Act
Grounds Disability aid
Disability
Areas Goods, services and facilities
Outcome details
  • Training - anti discrimination/EEO training introduced;
  • Training – other;
  • Compensation
Amount $150
Year

The complainant uses a wheelchair and prebooked a taxi. He alleged the respondent taxi driver advised him they could not carry a wheelchair user. The complainant claimed that on contacting the respondent taxi company to book a wheelchair accessible taxi, his mother was told passengers requesting wheelchair accessible taxis were required to pay a $35 fee.

The taxi driver and the taxi company said there may have been some miscommunication on the day and indicated a willingness to try to resolve the complaint by conciliation.

The complaint was resolved with an undertaking by the taxi company to develop disability awareness training for drivers in consultation with the complainant. The taxi driver agreed to participate in the training once developed and to pay the complainant $150.

Act Disability Discrimination Act
Grounds Assistance animal
Disability
Areas Accommodation
Goods, services and facilities
Outcome details

Access to premises provided - adjustments provided

Year

The complainant has an assistance dog and alleged she was told by the respondent holiday accommodation provider that an additional fee would apply if she booked a stay with her assistance animal.

The holiday accommodation provider acknowledged that an additional fee applied to guests with pets.

The complaint was resolved after the holiday accommodation provider allowed the complainant to book at the standard rate on being provided with information to substantiate that the complainant’s dog is an assistance animal.

Act Disability Discrimination Act
Grounds Disability
Areas Goods, services and facilities
Outcome details

Compensation

Amount $1,500
Year

The complainant wears a badge identifying that they have a vision impairment. The complainant alleged that two staff from the respondent security company stopped him as he approached the checkout counter of the respondent grocery store for a bag check. The complainant alleged the security staff spoke to them in an aggressive and intimidating manner and did not identify themselves despite the complainant complying with the bag check.

 

The respondents denied discriminating against the complainant.

 

The complaint was resolved with an agreement that the respondents make a joint payment to the complainant of $1,500.

Act Disability Discrimination Act
Grounds Assistance animal
Disability
Areas Goods, services and facilities
Outcome details
  • Apology - Private; 

  • Goods/services/facilities - revised terms and conditions; 

  • Policy change/Change in practice (internal staff); 

  • Training - anti discrimination/EEO training introduced

Year

The complainant is blind and alleged the respondent bar refused her entry because she was accompanied by a guide dog.

 

The complaint was resolved when, in response to the complaint, the bar apologised to the complainant for her experience, delivered training to staff and managers on their obligations towards patrons with assistance animals and updated its operations manual.

Act Sex Discrimination Act
Grounds Sex
Sexual harassment
Victimisation
Areas Employment
Outcome details

Compensation

Amount $45,000
Year

The complainant was employed as a marketing manager with the respondent real estate agency. She alleged the owner and two sales agents sexually harassed her, including by making comments of a sexual nature towards her and about other women in her presence. The complainant said she felt she had no option but to resign. She alleges that when she told the office manager she was resigning because she was sexually harassed, the office manager told her that if she made a formal external complaint, she would not be “hireable”. The complainant gained employment with a different respondent real estate agency and alleged she was made redundant once she disclosed her allegations of sexual harassment in her previous workplace.

 

On being informed of the complaint, the respondents denied the allegations but agreed to participate in conciliation.

 

The complaint was resolved with an agreement that the respondents jointly pay the complainant $45,000 as general damages and provide an outline of training delivered to their staff on sexual harassment.

Act Sex Discrimination Act
Grounds Sexual harassment
Areas Employment
Outcome details

Compensation

Amount $110,000
Year

The complainant was employed as a personal assistant to the managing director of a small business. She alleged that the managing director sexually harassed her, including by making comments about the possibility of them living together, asking her about her sex life and ultimately writing to her proposing that they enter into a romantic relationship.

 

The respondents denied the alleged conduct was sexual harassment. The managing director said the comments were consensual and made in the context of a close friendship. He said this led him to propose a romantic relationship. While his proposal was declined, he said this did not amount to sexual harassment.

 

The complaint was resolved with an agreement that the respondents pay the complainant $100,000 as general damages and $10,000 as a contribution to her legal costs. The parties agreed to end the employment relationship.

Act Sex Discrimination Act
Grounds Family responsibilities
Sex
Areas Employment
Outcome details

Compensation

Amount $6,000
Year

The complainant alleged that the respondent not-for-profit organisation denied her request to work from home during school holidays to enable her to care for her three children. She alleged she was told she would not be able to meet the requirements of her role while looking after her children.

The organisation claimed the complainant’s role required her to be present in the office.

The complaint was resolved. The parties agreed to end the employment relationship. The organisation agreed to pay the complainant $6,000 as general damages.

 

Act Disability Discrimination Act
Grounds Disability
Areas Employment
Outcome details

Compensation

Amount $20,000
Year

The complainant aggravated a pre-existing back injury in the course of his employment with the respondent farm. He alleged the farm treated him less favourably because of his disability, including by telling him he was “no good for them anymore” and should look for another job, transferring him into less favourable onsite accommodation, requiring him to return a vehicle to which he had exclusive use, discouraging him from making a workers compensation claim, refusing to provide him with light duties in accordance with his certificates of capacity, and making him redundant.

 

The farm denied discriminating against the complainant.

 

The farm agreed to pay the complainant $20,000 as general damages.

Act Racial Discrimination Act
Grounds Colour
Ethnic origin
National origin/extraction
Race
Racial hatred
Areas Employment
Other section 9
Racial hatred
Outcome details
  • Compensation; 

  • Statement of regret - private; 

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

Amount $10,000
Year

The complainant advises he is Afro-Caribbean and worked at the respondent telecommunications company. He alleged a manager casually used the term “n****r” and another manager referred to African people as “black c**ts”. He claimed he approached human resources on two occasions but there was no action taken on the first occasion and on the second occasion he was told to raise his concerns with the relevant manager directly. He claimed he was paid less than colleagues in the same role because he had raised concerns about the alleged racist conduct. The complainant said he felt he had no option but to resign. He said his last pay was reduced and commission revoked, but when he attempted to raise the issue, was told not to contact the company again.

 

The company denied discriminating against the complainant but expressed regret that he felt his internal complaints were not appropriately dealt with and that he did not feel comfortable in the workplace. The company said the alleged conduct by the managers was not consistent with its policies or expectations of workplace conduct. The company also acknowledged that, on review, the complainant’s internal complaints were not appropriately dealt with under the appropriate policies.

 

The complaint was resolved with an agreement that the company pay the complainant $10,000 as general damages and write to him expressing regret that his complaints were not processed with the requisite gravity or in accordance with company policy. The company undertook to continue to focus on training its staff to foster a safe, inclusive and respectful workplace culture. 

Act Sex Discrimination Act
Grounds Family responsibilities
Areas Employment
Outcome details

Compensation

Amount $3,000
Year

The complainant worked as a registered nurse with the respondent home-based nursing service. She said she was issued with a warning after missing four shifts due to increased caring responsibilities for her children associated with domestic violence related court processes. The complainant said she resigned but asked to retain one shift per fortnight to assist a particular client of the service. She alleged her request was denied despite other nurses having similar arrangements.

 

The service denied the allegations but agreed to participate in conciliation.

 

The complaint was resolved with an agreement that the service pay the complainant $3,000.

 

Act Disability Discrimination Act
Grounds Disability
Areas Goods, services and facilities
Outcome details

Compensation

Amount $3,500
Year

The complainant is blind. He alleged he fell and injured himself while boarding a bus operated by the respondent council because it stopped too far from the bus stop. He said that when he contacted council to request CCTV footage of the incident, the respondent staff member directed him to make his request using an online form, despite the complainant explaining this would be difficult for him because he is blind.

 

The council denied discriminating against the complainant.

 

The complaint was resolved with an agreement that the council pay the complainant $3,500.

Pagination