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Conciliation Register

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

Compensation 

Revised terms and conditions  

Anti-discrimination/EEO training introduced 

Anti-discrimination/EEO policy reviewed/revised 

Amount $2,500
Year

The complainant contacted the respondent company for service because she was experiencing problems with appliances she had purchased from the company. She claimed when she called the mobile number of the technician for the company to enquire about the status of the repair, she heard another male answer the phone and refer to her as  ‘some bitch’ to the technician. She claimed the technician said sorry and then said she had called a wrong number and ‘you know how men are’. She said she told the technician that she did call the right number, she should be referred to by her name and no woman should be called a ‘bitch’. 

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

The complaint was resolved with an agreement that the company pay the complainant $2,500, provide training to all staff on anti-discrimination and review it's policy on anti-discrimination. 

Act Sex Discrimination Act
Grounds Pregnancy
Sex
Areas Employment
Outcome details

Compensation 

Statement of service 

Amount $32,000
Year

The complainant was employed by the respondent multinational corporation. She alleged her manager discouraged her from applying for a national role after he became aware she intended to undertake in-vitro fertilisation. She also alleged that the company made her role redundant while retaining a less experienced male in a similar role.

The company said the work formerly performed by the complainant was transferred to a national team as part of a restructure. The company said the male referred to by the complainant had twenty years’ experience. The company claimed conversations about potential roles for the complainant were based on her welfare and not intended to discourage her from applying for roles.

The complaint was resolved with an agreement that the company pay the complainant $32,000 general damages and provide her with a statement of service.

Act Sex Discrimination Act
Grounds Sex
Areas Employment
Outcome details

Apology

Revised terms and conditions

Policy change/Change in practice

Year

The complainant is employed as a retail assistant with the respondent retailer. She alleged the company’s appearance standards policy, which had recently been circulated, required female employees to wear make-up and used gendered language and stereotypes. For example, she said the policy required women to wear their hair tied back, rather than requiring any employee with long hair to tie the hair back.

The company said the policy was developed in response to concerns that some staff members were not appropriately groomed. The company sells cosmetics and said it therefore wished to ensure staff were properly groomed and wore make-up.

The complaint was resolved with an agreement that the company redraft the policy to adopt less gendered language and requirements. The company undertook to send the policy to all store managers for distribution to staff. The company agreed to include an apology for any offence caused to staff by the previous policy in its email to managers.

Act Sex Discrimination Act
Grounds Pregnancy
Sex
Areas Employment
Outcome details

Compensation  

Statement of service

Amount $32,000
Year

The complainant was employed by the respondent multinational corporation. She alleged her manager discouraged her from applying for a national role after he became aware she intended to undertake in-vitro fertilisation. She also alleged that the company made her role redundant while retaining a less experienced male in a similar role. 

The company said the work formerly performed by the complainant was transferred to a national team as part of a restructure. The company said the male referred to by the complainant had twenty years’ experience. The company claimed conversations about potential roles for the complainant were based on her welfare and not intended to discourage her from applying for roles. 

The complaint was resolved with an agreement that the company pay the complainant $32,000 general damages and provide her with a statement of service. 

Act Sex Discrimination Act
Grounds Sex
Areas Employment
Outcome details

Apology – Public 

Revised terms and conditions  

Policy change/Change in practice 

Year

The complainant is employed as a retail assistant with the respondent retailer. She alleged the company’s appearance standards policy, which had recently been circulated, required female employees to wear make-up and used gendered language and stereotypes. For example, she said the policy required women to wear their hair tied back, rather than requiring any employee with long hair to tie the hair back. 

The company said the policy was developed in response to concerns that some staff members were not appropriately groomed. The company sells cosmetics and said it therefore wished to ensure staff were properly groomed and wore make-up. 

The complaint was resolved with an agreement that the company redraft the policy to adopt less gendered language and requirements. The company undertook to send the policy to all store managers for distribution to staff. The company agreed to include an apology for any offence caused to staff by the previous policy in its email to managers. 

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

Compensation 

Reference (individual)

Anti-discrimination/EEO training reviewed/revised

Amount $40,000
Year

The complainant worked as an administration assistant with the respondent infrastructure company. She alleged her manager sexually harassed her, including by making sexual advances by text message, commenting on her breasts, inviting her to a hotel and offering to go to her place and give her a massage. She said that she complained to her manager’s supervisor about the conduct. She claimed the manager’s supervisor told her there was insufficient evidence for any action to be taken and recommended she delete the telephone messages.

On being advised of the complaint, the company agreed to participate in conciliation.

The complaint was resolved. The parties agreed to end the employment relationship. The company agreed to pay the complainant $40,000 as general damages and provide her with a reference. The complainant’s former manager apologised to her for the distress she experienced as a result of the events giving rise to the complaint. The company undertook to commission training for all staff on sexual harassment, workplace discrimination, the company’s complaint process and the obligations of staff and managers. 

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

Compensation

Amount $5,000
Year

The complainant identifies as a transgender woman and contacted the respondent insurer for the purposes of obtaining a quote for life insurance. She alleged a staff member of the insurer addressed her as ‘sir’ and told her that she would be assessed for life insurance as a male, despite identifying as female. 

The insurer explained a staff member initially addressed the complainant as ‘sir’ as an initial greeting and before being aware the complainant identifies as female. The insurer said the staff member again addressed the complainant as ‘sir’ after becoming rattled in response to the complainant’s conduct on the call. The insurer said applications for insurance were assessed using an underwriting rules engine which assesses applicants according to their sex at birth. The insurer explained that transgender applicants were assessed according to their sex at birth because risks associated with their sex at birth were unlikely to change due to a change in gender identity.

The complaint was resolved with an agreement that the insurer pay the complainant $5,000 and convey the issues raised in the complaint to its underwriter.

Act Sex Discrimination Act
Grounds Gender identity
Outcome details

Compensation 

Revised terms and conditions 

Anti-discrimination/EEO training reviewed/revised

Amount $32,240
Year

The complainant identifies as a transgender man. He alleged that when he attended a branch of the respondent bank, a staff member disclosed to a colleague that he was transgender and the two proceeded to stare at him. He further alleged that when he attended another branch of the bank, several staff members were discussing his gender identity and one proceeded to ask him intrusive questions about the transition process in front of other staff. The complainant advised he developed post-traumatic stress disorder as a result of the incidents.

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

The complaint was resolved with an agreement that the bank pay the complainant $32,240, offer him up to 12 telephone counselling sessions through its customer support service, grant him access to its customer financial assistance program and waive all fees associated with the discharge of his home loan with the bank. The bank undertook to require staff in branches within the complainant’s region to re-complete the bank’s existing mandatory workplace conduct eLearning module. The bank also agreed to consider any feedback the complainant may wish to provide on its discrimination policies and training.

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

Statement of regret - private

Compensation 

Amount $5,000
Year

The respondent labour-hire company placed the complainant at a dental practice in the role of dental assistant. The complainant alleged a dentist sexually harassed her, including by touching her arm, standing close to her, breathing down her neck and asking questions about her personal life. She alleged the labour-hire company stopped offering her work after she complained about the behaviour.

On being advised of the complaint the labour hire company agreed to participate in conciliation.

The complaint was resolved with an agreement that the labour hire company pay the complainant $5000 and write to her expressing regret for the events giving rise to her complaint.

Act Sex Discrimination Act
Grounds Sexual harassment
Areas Goods, services and facilities
Outcome details

Apology

Compensation 

Anti discrimination/EEO training introduced 

Amount $2,500
Year

The complainant attended the respondent film school to have a showreel recorded. She alleged the film director sexually harassed her during filming, including by saying "yes I am big… it's big alright… am I in?’. She claimed the film school did not respond to her complaint about the director’s conduct.

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

The complaint was resolved with an agreement that the film school pay the complainant $2500, write to the complainant apologising for the incident, deliver training on sexual harassment to all staff and inform all staff and students about the internal complaint process for allegations of sexual harassment and discrimination.

Act Sex Discrimination Act
Grounds Sexual harassment
Areas Employment
Outcome details

Apology 

Compensation 

Amount $10,000
Year

The complainant was employed as a manager at a gym. She alleged the gym’s owner sexually harassed her, including by inviting her to travel with him, noting his wife would not mind, and inviting her to move in with him if she ever broke up with her partner. The respondent had sold the gym before the complaint was lodged with the Commission.

The gym’s former owner denied the allegations but agreed to participate in conciliation.

The complaint was resolved with an agreement that the gym’s former owner pay the complainant $10,000 and write to the complainant apologising for anything he did that she construed as sexual harassment.

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

Compensation 

Anti-discrimination/EEO policy developed 

Anti-discrimination/EEO training introduced

Amount $3,250
Year

The complainant was employed as a shop assistant with the respondent food outlet. She alleged the franchise owner sexually harassed her, including by making comments about her body, taking private photos from her phone, lifting up her shirt, touching her and exposing himself to her. 

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

The complaint was resolved with an agreement that the business pay the complainant $3,250 as general damages, develop anti-discrimination and harassment policies and deliver training to staff on those policies.

Act Sex Discrimination Act
Grounds Pregnancy
Sex
Areas Employment
Outcome details

Compensation

Amount $10,000
Year

The complainant worked for the respondent clothing retailer as a fitter of intimate apparel. She alleged the retailer reduced her hours from approximately 35 to three to six hours per week after becoming aware of her intention to have children. She further alleged that, once she informed the retailer of her pregnancy, her hours were further reduced and unwarranted concerns about her performance raised in an effort to pressure her to resign.

 

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

The complaint was resolved. The parties agreed to end the employment relationship. The retailer agreed to pay the complainant $10,000 less applicable tax.

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

Compensation  

Statement of service

Amount $29,000
Year

The complainant was employed as an office manager by the respondent plant equipment supplier.  She alleged a manager sexually harassed her, including by regularly telling her she looked beautiful, propositioning her for sex, trying to kiss her, pressing up against her and inappropriately touching her. She claimed the company did not respond appropriately to her complaint about the manager’s conduct, accused her of making the complaint for financial gain and subsequently terminated her employment. 

The complainant’s former manager claimed that any conduct of a sexual nature was instigated by the complainant. The company claimed the complainant’s allegations could not be substantiated and that her employment was terminated for reasons unrelated to the complaint. 

The complaint was resolved with an agreement that the company provide the complainant with a statement of service and pay her $29,000. 

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

Compensation 

Anti-discrimination/EEO policy developed 

Statement of regret

Anti discrimination/EEO training introduced 

Named individual(s) to undertake anti-discrimination/EEO Training

Amount $30,000
Year

The complainant worked as a sales assistant and then as a store manager with the respondent furniture company. She alleged that two male directors and a male colleague sexually harassed her over several years, including by drawing sexually explicit cartoons and showing them to her, telling her she needed a ‘boob job’, making comments of a sexual nature, telling sexually explicit stories and showing other colleagues sexually explicit videos.  The complainant claimed other directors took no action in response to her concerns about this conduct and so she felt she had no option but to resign.

The respondents claimed the complainant was a willing participant in any conduct of a sexual nature that did take place and that she engaged in like conduct.

The complaint was resolved with an agreement that the respondents would jointly pay the complainant $30,000 and that the company will develop a discrimination and harassment policy which will include discussion of sexual harassment and sex discrimination. Each individual respondent also agreed to write to the complainant expressing regret for the incidents giving rise to the complaint and to undertake training delivered by an external provider on discrimination and harassment, including sexual harassment and sex discrimination.