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Conciliation Register

Act Sex Discrimination Act
Grounds Sex
Victimisation
Areas Education
Outcome details

Compensation 

Training reviewed

Amount $9,000
Year

The complainant attended the respondent private high school. She alleged that a colleague sexually harassed her, including by taking photos under her skirt, spreading rumours about her sex life, and circulating photos purported to be of her in the nude. She said she made a complaint about this behaviour to the school, but no action was taken. She claimed the school withdrew an award from her because she made a complaint.

The complainant’s colleague denied the allegations. The school said it investigated the complainant’s allegations, but these could not be substantiated.

The complaint was resolved. The school agreed to review its training for the following year in light of the allegations and to pay the complainant $9,000 to assist with medical expenses.

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

Compensation

Amount $73,000
Year

The complainant was employed as a sales representative with the respondent telecommunications company. She alleged the CEO made inappropriate comments of a sexual nature, including about her clothes, her sex-life and menopause. She alleged the CEO’s conduct contributed to a sexually hostile working environment.

The respondents denied the allegations but agreed to participate in a conciliation process.

The complainant was made redundant prior to the conciliation conference. The complaint was resolved with an agreement that the company pay the complainant $73,000.

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

Action ceased/Undertaking to cease an action 

Apology

Anti-discrimination/EEO policy developed 

Year

The complainant applied for a coordinator position with the respondent retirement village. She alleged the recruitment officer asked her if she had children and commented that a staff member with children sometimes took time off due to the needs of the children.

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

The complaint was resolved with an agreement that the retirement village write to the complainant apologising for the incident, develop a policy on equality of opportunity in employment and ensure staff are aware of the policy. The retirement village also undertook that its staff would not ask similar questions in future recruitment processes.

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

Compensation

Amount $1,000
Year

The complainant is homosexual and worked for the respondent university. He claimed a colleague told another colleague that the complainant was sending him ‘gross’ photos and that he did not want to work with the complainant because of his sexual orientation. The complainant alleged that the university terminated his contract when he asked not to be allocated shifts with the colleague.

The university did not agree with the complainant’s view of events but indicated a willingness to participate in conciliation to try to resolve the complaint.

The complaint was resolved with an agreement that the university pay the complainant $1,000.

Act Disability Discrimination Act
Sex Discrimination Act
Grounds Disability
Pregnancy
Areas Employment
Outcome details

Compensation 

Statement of service

Amount $35,000
Year

The complainant worked as a childcare worker for the respondent childcare centre. She developed a pregnancy-related medical condition and asked for adjustments to accommodate her condition, including reduced hours and weightlifting restrictions. She said these requests were accommodated initially. However, she alleged that after a period of leave, she was informed that on her return, she would be primarily performing kitchen duties, which involved repetitive lifting, bending and standing. She said that when she told the childcare centre that these duties would not be suitable, she was placed on special parental leave. 

The childcare centre denied discriminating against the complainant on the grounds of her pregnancy or disability but agreed to participate in conciliation.

The parties agreed to end the employment relationship. The childcare centre agreed to pay the complainant $35,000 as an eligible termination payment and in compensation for accrued entitlements and to provide her with a statement of service.

Act Sex Discrimination Act
Grounds Pregnancy
Areas Education
Outcome details

Revised terms and conditions

Compensation

Anti-discrimination/EEO policy reviewed/revised 

Year

The complainant became pregnant while undertaking veterinary nursing training with the respondent vocational training provider. She said the training included activities that could pose a risk to her unborn baby and the provider allowed her to commence a new course, though not to withdraw from the training. The complainant said she began a period of maternity leave but was still required to complete coursework and practical requirements.

The vocational training provider denied discriminating against the complainant but agreed to participate in conciliation.

The complaint was resolved with an agreement that the vocational training provider pay the complainant $325 as a refund for fees associated with the course and review its student handbook to ensure options available to pregnant students were clarified.

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

Employment – other

Compensation 

Reference

Statement of service

Amount $42,000
Year

The complainant was employed with the respondent investment firm as a business partner in corporate trust. She alleged that while she was on maternity leave to have her third child, the firm employed someone to permanently fill her role without consulting her or discussing her return to work. She said that when she sought to return to work on a part-time basis, the firm asked her to move to a comparable role as a business consultant. However, the complainant alleged that when she commenced the role it became clear to her the role was a demotion. She claimed the firm was not responsive to her concerns.

The firm denied discriminating against the complainant but indicated a willingness to try to resolve the matter by conciliation.

The complaint was resolved. The parties agreed to end the employment relationship. The firm agreed to pay the complainant $42,000 as general damages, provide her with a reference and provide her with a statement of service. The firm also agreed to develop a strategy to inform staff of the Complainant’s resignation.

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

Compensation

Amount $168,750
Year

The complainant worked for the respondent real estate agency and alleged her manager sexually harassed her, including by touching her on the legs and thighs, massaging her shoulders and making sexually explicit comments. She alleged that after she complained about the conduct, the agency victimised her by removing her from two projects as lead agent and performance managing her. She further alleged the agency discriminated against her on the grounds of her sex and pregnancy by offering male agents lead roles and not her. The complainant ceased working for the agency and commenced worker's compensation proceedings. 

On being notified 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 respondents pay the complainant $168,750. This figure was not inclusive of workers compensation payments already made, but also settled the ongoing worker's compensation dispute.

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

Apology

Revised terms and conditions

Compensation

Year

The complainant alleged the respondent beauty parlour refused to give her a foot massage because she was pregnant.

On being notified of the complaint the beauty parlour indicated a willingness to try to resolve the complaint by conciliation.

The complaint was resolved with an agreement that the beauty parlour update its policies and procedures with respect to services provided to pregnant women, apologise to the complainant for the incident and refund her for the value of a gift certificate.

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

Compensation

Amount $20,000
Year

The complainant worked in an administrative role with the respondent electronics company. She alleged her manager sexually harassed her, including by making comments of a sexual nature and talking about his penis, pornography and his sex life. She said the manager’s conduct caused her great distress, requiring her to take time off work and see a psychologist. She alleged the company refused to cover the cost of the psychologist on the basis that it was not her employer. 

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

The complainant left the employment prior to the conciliation conference. The complaint was resolved with an agreement that the company pay the complainant $20,000 as general damages. 

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

Compensation

Amount $2,500
Year

The complainant was employed as a team leader with the respondent debt solutions business. She said that she took maternity leave and sought to return to work part time. The complainant alleged the company required her to work fulltime in the team leader role or to accept a role with less responsibility and lower pay. The complainant said she felt she had no option but to resign.

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

The complaint was resolved with an agreement that the company pay the complainant $2,500.

Act Sex Discrimination Act
Grounds Sexual orientation
Areas Employment
Outcome details

Compensation 

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

Amount $2,000
Year

The complainant says he is homosexual and worked as a dispute officer with the respondent bank. He alleged a colleague made numerous comments about his sexuality and asked him if he was sexually involved with another male colleague. The complainant said he told his colleague that the comments made him uncomfortable and asked him to stop. He alleged his colleague did not take his request seriously, laughed at him and persisted with the comments. The complainant was no longer working at the bank when he made the complaint.

The bank said that following an internal investigation, the complainant’s allegations could not be substantiated. The bank noted there was a bantering culture within the complainant’s team.

The complaint was resolved with an agreement that the bank pay the complainant $2,000 and direct his former colleague to attend one-on-one training on anti-discrimination and leadership behaviours.

Act Sex Discrimination Act
Grounds Sexual harassment
Areas Employment
Outcome details

Employment - other  

Compensation

Amount $500
Year

The complainant worked as an assistant manager with the respondent retailer. She alleged that her manager sexually harassed her by making comments including ‘if I was younger I would have a crack at you’, asking her to show him her breasts and asking about what type of underwear she wore. She claimed the manager’s behaviour continued despite her lawyer writing to him to ask that he cease the behaviour. 

On being advised of the complaint, the respondents indicated a willingness to participate in conciliation to try to resolve the complaint. 

The complaint was resolved with an agreement that the retailer pay the complainant $500 as compensation for legal costs. The complainant’s former manager agreed to resign and not seek re-employment with the retailer. The complainant remained employed with the retailer. 

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 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.