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Conciliation Register

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

Compensation

Physical modifications

Amount $2,000
Year

The complainant is blind and purchased a household appliance from the respondent manufacturer which can be operated via a mobile app. The complainant claimed the app was not accessible to his screen-reading program and he was therefore unable to use the appliance independently.

The manufacturer advised that a new app would be launched later in the same year that would provide increased accessibility to users of assistive technology. The manufacturer invited the complainant to participate in testing of the app to ensure compatibility with screen-reading technology.

The complaint was resolved with an agreement that the manufacturer pay the complainant $2,000, equivalent to 50% of the cost of his household appliance. The complainant indicated he would use this payment to purchase other products from the manufacturer.

 

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

Physical modifications

Year

The complainant has a back injury and requires support rails to access bathroom facilities. He claimed toilet facilities at the respondent shopping centre were not accessible.

On being advised of the complaint, the shopping centre indicated a willingness to try to resolve the matter by conciliation.

The complaint was resolved with an agreement that the shopping centre install unisex accessible toilet facilities. In the interim, the shopping centre undertook to install support rails in existing toilet facilities. 
 

Act Disability Discrimination Act
Grounds Disability
Unlawful to contravene Disability Standards
Areas Disability Standards
Education
Outcome details

Revised terms and conditions

Training - other 

Year

The complainant’s son has high-functioning Attention Defficit and Hyperactivity Discorder (ADHD) and dyslexia and attended year 5 at the respondent public primary school. She claimed the school failed to provide her son with support or to make adjustments recommended by his treating specialist because children with ADHD and/or dyslexia do not attract additional funding for the school.

On being advised of the complaint, the respondent indicated a willingness to try to resolve the matter by conciliation.

The complaint was resolved. The school agreed to place an education support aide in the complainant’s son’s class for two and a half hours per day to assist him and other students. The school also undertook to apply for additional funding to support the complainant’s son for the following two academic years. Additionally, it was agreed that there would be a handover between the complainant’s son’s classroom teachers at the beginning of each academic year. Finally, the school undertook to continue delivery of professional development and training to its staff.

 

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

Goods/services/facilities - other 
Revised terms and conditions
Anti-discrimination/EEO training reviewed/revised

Year

The complainant has a vision impairment and uses screen-reading software to access the internet. He alleged the respondent bank’s website and internet banking facilities were not fully compatible with his screen-reading software. He said he raised concerns with the bank but considered staff did not understand the needs of clients with a vision impairment.

The bank confirmed that aspects of its website and online banking services were not compatible with the complainant’s screen-reading software. The bank said it was committed to improving staff awareness of the needs of clients with disability and to promoting initiatives for the inclusion of clients with disability.

The complaint was resolved. The bank updated its online banking platform to ensure compatibility with screen-reading software. The bank undertook to deliver further disability awareness training to all of its employees and to review and improve its Disability Action Plan and the resources available to assist clients with disability. The bank also provided the complainant with contact details for its internal accessibility manager should he wish to raise any accessibility concerns in the future and invited him to participate in customer consultations to test the accessibility of new products and services.
 

Act Disability Discrimination Act
Grounds Disability
Unlawful to contravene Disability Standards
Areas Education
Goods, services and facilities
Outcome details

Statement of regret
Compensation
Policy change/Change in practice

Amount Approx. $600
Year

The complainant advised she asked her son’s preschool to monitor his temperature and provide other adjustments pending investigation of a potential diagnosis. She said the preschool accommodated her request for a time but then advised the adjustments would not be provided unless medical evidence was provided within a specific timeframe. The complainant said the preschool terminated her son’s enrolment before the timeframe expired.

The preschool claimed that, in the absence of relevant medical evidence, it considered it could not meet the complainant’s expectations and provide the necessary care and supervision for all the children under its care.

The complaint was resolved with an agreement that the preschool pay the complainant approximately $600 in compensation for the expense of finding an alternative preschool placement at short notice and write to her expressing regret for the breakdown in communication and the manner in which her son’s enrolment was terminated. The preschool also agreed to consider the complainant’s views when reviewing its policies and procedures with a view to developing a policy to meet the needs of children not yet definitively diagnosed with a medical condition or other disability.
 

Act Age Discrimination Act
Disability Discrimination Act
Sex Discrimination Act
Grounds Age
Associate
Disability
Family responsibilities
Sex
Areas Employment
Outcome details

Compensation
Statement of regret
Statement of service

Amount $2,000
Year

The complainant is a single-parent of two young children and was employed as a car detailer for the respondent car wash service business. She advised she sometimes had to leave work early to collect her children, one of whom has a disability, from school or vacation care if one or both became unwell. She claimed her manager told her he may not be able to keep employing her if she kept leaving work early to collect her children. The complainant claimed the manager told her she was the highest paid detailer in the business, which she interpreted as an insinuation that he could employ someone younger at a cheaper hourly rate. She claimed she was asked to return her uniform and considered she would not be offered further work.

The business advised it employed staff between the ages of 19 and 63 years of age. The business claimed it offered the complainant as much flexibility as practicable in order to accommodate her caring responsibilities. The business noted the complainant was a casual employee and said she remained on the books.

The complaint was resolved with an agreement that the business pay the complainant $2,000 as general damages, provide her with a statement of service and write to her expressing regret for the distress she experienced. The parties agreed to end the employment relationship.

Act Age Discrimination Act
Disability Discrimination Act
Sex Discrimination Act
Grounds Age
Associate
Disability
Family responsibilities
Sex
Areas Employment
Outcome details

Compensation
Statement of regret
Statement of service

Amount $2,000
Year

The complainant is a single-parent of two young children and was employed as a car detailer for the respondent car wash service business.  She advised she sometimes had to leave work early to collect her children, one of whom has a disability, from school or vacation care if one or both became unwell.  She claimed her manager told her he may not be able to keep employing her if she kept leaving work early to collect her children.  The complainant claimed the manager told her she was the highest paid detailer in the business, which she interpreted as an insinuation that he could employ someone younger at a cheaper hourly rate.  She claimed she was asked to return her uniform and considered she would not be offered further work.

The business advised it employed staff between the ages of 19 and 63 years of age.  The business claimed it offered the complainant as much flexibility as practicable in order to accommodate her caring responsibilities.  The business noted the complainant was a casual employee and said she remained on the books.

The complaint was resolved with an agreement that the business pay the complainant $2,000 as general damages, provide her with a statement of service and write to her expressing regret for the distress she experienced.  The parties agreed to end the employment relationship.

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

Compensation

Named individuals to undertake anti-discrimination/EEO training

Amount $200
Year

The complainant’s adult son has a disability which means he requires a constant supply of oxygen. The complainant said that when the family went to the respondent restaurant they brought a spare oxygen cylinder with them. She claimed that when they sought to use the spare oxygen cylinder they found it had been moved and this caused her son great distress.

The restaurant acknowledged the complainant’s concerns but denied that staff had moved the oxygen cylinder.

The complaint was resolved with an agreement that the restaurant pay the complainant approximately $200 as a refund for the cost of the meal and the operations manager attend anti-discrimination training.

Act Disability Discrimination Act
Grounds Disability
Areas Employment
Outcome details

Other opportunity provided

Year

The complainant applied for employment as a Protective Services Officer with the respondent law enforcement agency. He said he passed the entrance exam, the traffic and criminal record checks and the fitness test. The complainant disclosed he had experienced a short period of depression and had undergone spinal surgery several years earlier but had no ongoing medical conditions. He claimed the law enforcement agency told him his current application and any future applications would not be considered because he was deemed medically unfit for the role.

On being advised of the complaint the law enforcement agency agreed to participate in conciliation.

The complaint was resolved with an agreement that the agency review the complainant’s file with respect to medical suitability in light of additional information the complainant would provide.

Act Disability Discrimination Act
Grounds Assistance animal
Disability
Areas Access to premises
Goods, services and facilities
Outcome details

Revised terms and conditions

Anti-discrimination/EEO training reviewed/revised

Compensation

Year

The complainant has an assistance animal trained to alleviate the effects of a psychosocial disability. He claimed that towards the end of a sporting event at the respondent stadium, staff told him he was not allowed to remain with his assistance animal. He said the discussion became heated and officers of the respondent law enforcement agency approached. The complainant claimed these officers did not respond appropriately to the situation.

The stadium confirmed staff approached the complainant because he was accompanied by a dog, but noted that he was ultimately allowed to remain until the end of the sporting event.

The law enforcement agency confirmed officers noticed the interaction between the complainant and stadium staff had become heated and approached to provide assistance if required. The law enforcement agency said officers took no further action once it became clear the situation had been dealt with.

The complaint was resolved. The stadium agreed to offer the complainant eight free tickets to future sporting events. The law enforcement agency agreed to remind officers of the right of persons with disability to be accompanied by an assistance animal.

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

Access to premises provided - physical modifications

Apology - Private

Revised terms and conditions

Compensation

Year

The complainant has a mobility disability and uses a wheelchair. She claimed she was required to try on clothes in an open lounge area at the respondent retailer’s store because the only accessible changeroom was in the children’s department and being used for storage.

On being advised of the complaint the retailer indicated a willingness to try to resolve the matter by conciliation.

The complaint was resolved with an agreement that the retailer:

• provide clear signage to accessible changerooms and clearly label accessible changerooms on store maps;

• ensure accessible changerooms are unlocked and empty of stock;

• write to the complainant apologising for the incident; and

• compensate the complainant for the legal costs she incurred in relation to her complaint.

Act Disability Discrimination Act
Sex Discrimination Act
Grounds Disability
Sexual harassment
Sexual orientation
Areas Employment
Outcome details

Compensation

Amount $8,000
Year

The complainant has depression, anxiety and asthma and was employed by the respondent retailer as a casual sales associate. He alleged a district manager abused and made fun of him because of his disability and sexually harassed him, including by telling him to “get on his knees and blow customers and if the dick is too big for your throat, just have a quick inhale of your puffer and stick it down further”. He claimed the retailer took no action in response to his complaint about the alleged treatment and later terminated his employment.

The retailer and district manager denied any knowledge of the complainant’s disability. The district manager denied making the alleged comments and the retailer said it had no record of any informal or formal complaints about the alleged treatment. The retailer said the complainant resigned when his shifts were reduced because he was found to be dishonest during an investigation into internal theft.

The complaint was resolved with an agreement that the retailer pay the complainant $8,000 as an eligible termination payment.

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

Revised terms and conditions

Policy change/Change in practice

Year

The complainant claimed her Deaf son was unable to access a performance because a sign-language interpreter was not available.

On being advised of the complaint the company that staged the event agreed to participate in conciliation.

The complaint was resolved with an agreement that the company provide sign-language interpreters for several performances in each city and set aside a number of places for Deaf persons wishing to attend those performances.

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

Apology - Private

Compensation

Revised terms and conditions

Policy change/Change in practice

Amount $1,000
Year

The complainant uses a wheelchair and participated and presented at the respondent professional institute's research conference, which was hosted by the respondent hospitality school. He alleged he was unable to access the stage because there was no ramp. He also claimed he was unable to attend the conference dinner because it was held at a venue that was not wheelchair accessible.

On being advised of the complaint the professional institute and the hospitality school agreed to participate in conciliation.

The complaint was resolved with an agreement that the respodnents write to the complainant apologising for his experience at the conference and develop policies and procedures to ensure the accessibility of future events to participants with disability. The hospitality school also agreed to pay the complainant $1,000 in compensation for costs associated with attending the conference.

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

Action taken against named individuals

Complainant satisfied with response/action taken

Year

The complainants are vision impaired and one uses a guide dog. They claimed two drivers from the respondent transport service refused to carry them because one of them was accompanied by a guide dog.

The transport service advised that drivers are made aware of the company’s policies regarding carriage of passengers with assistance animals. The transport service said the two drivers concerned were counselled and reminded of their obligation to carry passengers with assistance animals.

The complainants were satisfied that the actions taken by the transport service in response to their complaint resolved the matter.