Conciliation Register

The complainant has a spinal cord injury and uses a motorised scooter for mobility. She alleged the respondent lawn bowls club informed her she would not be permitted to use her scooter in the club and would be required to have an attendant assist her to use the club’s manual wheelchair. The complainant advised her husband would be unable to assist her due to his own disability.

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

The complaint was resolved. The club outlined measures implemented in response to the complaint to enable members with scooters to enter the club. The club agreed to write to the complainant apologising for the events giving rise to the complaint and undertook to deliver disability awareness training to staff.

The complainant has a vision impairment and has an assistance animal. She alleged a staff member of the respondent restaurant asked her to leave when he saw her assistance animal. The complainant said she attempted to explain to the staff member the role of her assistance animal but ultimately decided to leave the restaurant with her friends.

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

The complaint was resolved with an agreement that the restaurant pay the complainant $100 and write to her apologising for the incident. The restaurant manager also undertook to complete an online training course in disability awareness and to educate the restaurant's staff on the learning outcomes.

The complainant was employed by the respondent telecommunications corporation. He alleged that, during the company’s Christmas party, his male supervisor took the complainant’s genitals in his hand and squeezed while smiling. The complainant alleged the company did not respond appropriately to his internal complaint about the incident because of his sex. He claimed the complaint process was slow, he was required to remain under his supervisor’s supervision and his supervisor was informed of the complaint. He claimed the company required his supervisor to apologise to him and that his supervisor used the phrase “grab your cock” several times during the conversation. The complainant said he felt he had no option but to leave his employment and alleged that the company gave him an adverse reference despite there being no performance issues during his employment, costing him a subsequent employment opportunity.

The company claimed the complainant’s concerns were responded to appropriately and argued it had taken all reasonable steps to prevent sexual harassment in the workplace, including having appropriate policies and procedures in place.

The complaint was resolved with an agreement that the company pay the complainant $25,000 as general damages and write to him acknowledging and expressing regret for the stress and discomfort he said he experienced as the result of the events giving rise to the complaint. The company also undertook to deliver training to managers, leaders and staff in his former team on a range of issues, including sexual harassment, sex discrimination and the company’s complaint process.

The complainant has anxiety and owns a home in a strata complex. He claimed he was unable to attend meetings of the respondent body corporate, which were held at residents’ homes, because of his disability. He claimed the body corporate declined his requests for meetings to be held offsite to accommodate his disability.

The body corporate confirmed requests by the complainant to hold meetings offsite were declined, but claimed it was unaware of the complainant’s disability. The body corporate claimed that holding meetings offsite would be very expensive and impose an unjustifiable hardship on it.

The complaint was resolved with an agreement that the complainant participate in future meetings by phone.

The complainant was employed by the respondent advertising company. She broke her arm outside work during her probation period and required treatment and time off work to recover. She alleged that she was told she had placed the company in a difficult position and that the company terminated her employment 11 days after she broke her arm.

The company claimed the complainant was dismissed because of unsatisfactory performance.

The complaint was resolved with an agreement that the company pay the complainant $4,000 and provide her with a statement of service. The company undertook to draft a policy aimed at improving processes relating to dismissal of staff on probation. The complainant agreed to email the company retracting comments made in previous correspondence which some members of staff found offensive.

The complainant experiences difficulty in standing for long periods due to arthritis. He claimed he had difficulty completing paperwork at the respondent service provider outlet because only waist-high tables with no chairs were provided.

On receiving the complaint, the service provider indicated a willingness to try to resolve the matter through conciliation.

The complaint was resolved. The service provider explained the desk the complainant had used was intended for people using a wheelchair, which is why no chair was provided. The service provider undertook to install a pull-out seated desk at the outlet the complainant attended and another nearby outlet. The service provider also agreed to provide a stable chair for the complainant’s use in the interim.

The complainant was employed on a casual basis at the respondent sporting club. She alleged the head coach at the club sexually harassed her, including by brushing his hands over her legs, touching her neck, commenting that he could see her bra under her work t-shirt, asking intrusive questions about her private life and telling jokes of a sexual nature  in front of her. The complainant said she resigned her employment because of the alleged conduct.

On being advised of the complaint, the club and coach agreed to participate in a conciliation process to try to resolve the complaint.

The complaint was resolved with an agreement that the club pay the complainant $200 as compensation for lost income due to shifts not worked as a result of the resignation. The club also outlined policies, procedures and training implemented as a result of the complaint aimed at preventing sexual harassment and improving responses to allegations of sexual harassment. The coach acknowledged the complainant’s experience and said he had “learnt [his] lesson”. 

 

The complainant has quadruple amputation and uses an electric wheelchair which weighs approximately 180 Kg. He claimed the respondent airline placed a weight limit of 120 Kg on wheelchairs to be carried on the aircraft. The complainant alleged this limit was discriminatory, claiming many electric wheelchairs weighed over 120 Kg and that other airlines did not impose this limit.

The airline advised it had previously imposed a 120 Kg limit on wheelchairs to be carried on the aircraft to avoid risk to ground crew loading wheelchairs into the aircraft hold and to avoid damage to the aircraft. The airline advised the limit had been removed and that instead, passengers were asked to advise the airline in advance if proposing to travel with a heavy wheelchair to enable preparations to protect ground crew and the aircraft.

The complaint was resolved with an agreement that the airline would update website information and its disability access plan to reflect the change in policy. The airline also undertook to update training materials and deliver training on the issue to call centre staff and ground crew.

The complainant is an adult with Autism Spectrum Disorder and had been a client of the respondent bank for several years. He advised that he completed and signed documentation allowing his National Disability Insurance Agency plan manager to access his bank account. He alleged the bank questioned his legal capacity to grant such access and described him as “mentally incapacitated”. The complainant’s mother alleged the bank discriminated against her on the ground of her association with the complainant by not permitting her to intervene on his behalf on the ground that she was not his legal guardian.

On being advised of the complaint, the bank agreed to participate in conciliation to try to resolve the matter.

The complaint was resolved with an agreement that the bank apologise to the complainant and his mother for the events giving rise to the complaint and pay them $1,000 as general damages. The bank also undertook to conduct awareness raising among its staff about the National Disability Insurance Scheme and, where necessary, develop or update policies and procedures to facilitate delivery of banking services to participants in the Scheme.

The complainant was employed in a temporary administrative role with the respondent distribution centre while the company looked for someone to fill the role on a permanent fulltime basis. She alleged the company told her there was no further work available for her after becoming aware of her pregnancy, but employed another person on a temporary basis in her place.

The company claimed a person was found to fill the complainant’s role on a permanent fulltime basis. The company said it could not find the complainant alternative temporary work because it could not meet her salary expectations, so employed another temporary worker on a lower wage.

The complaint was resolved with an agreement that the company pay the complainant approximately $5,700, equivalent to five weeks’ wages.

The complainant worked for the respondent agricultural company. She alleged her manager sexually harassed her, including by obtaining her mobile number from the company records without proper authority, sending her sexually explicit text messages, and attempting to touch her breasts and bottom. The complainant resigned from her employment before lodging the complaint. 

On being advised of the complaint, the company and the complainant’s former manager agreed to participate in conciliation.

The complaint was resolved. The company advised that, in response to the complaint, in-depth sexual harassment training would be delivered to managers and human resources staff would be more prominent on-site. The company also agreed to pay the complainant $5,000 as general damages and her former manager agreed to pay her $3,000 as general damages. 

The complainant, who has paraplegia and uses a wheelchair, attended an event as part of a festival. She claimed a friend enquired about the accessibility of the venue and was informed it was accessible. The complainant claimed she was unable to access the venue independently, safely and with dignity for a number of reasons, including that there was a step leading to the lift, the lift was a goods lift that could not be operated independently, there was a step on the way to the accessible toilet and the accessible toilet could not be locked. 

Festival organisers confirmed the performance space was not wheelchair accessible and said the complainant’s friend had been informed of this, in accordance with information on the festival’s website. Festival organisers said attempts were made to provide access because the complainant’s friend was very keen to explore ways the complainant could attend.

The complaint was resolved. Festival organisers apologised to the complainant for her experience and for any miscommunication that led her to believe the venue was wheelchair accessible. Festival organisers advised a three-year Disability Action Plan was under development. The Disability Action Plan would include a review of access across the festival’s digital and print platforms, more stringent access requirements for festival venues, the creation of an access advisory group involving people with a lived experience of disability, a review of access for its performers, and annual disability awareness training for core staff.

The complainant has Multiple Chemical Sensitivity Syndrome and is extremely sensitive to commercial weed spray. She claimed the respondent local council proposed to spray commercial weed spray along the border of her rural property and declined her requests to create a spray exclusion zone and/or to postpone the spraying to enable her to make temporary arrangements for alternative accommodation. 

The council advised the spraying was required by the rural fire service and was already several years overdue, including due to requests by the complainant for postponement of spraying. The council advised the spraying would be conducted using a targeted drip method rather than a wide-range mist hose. 

The complaint was resolved with an agreement that the council postpone the spraying for 5 weeks to enable the complainant to arrange alternative short-term accommodation.

The complainant was pregnant and worked at the respondent training provider. She alleged the company initiated a formal performance management process because she was late to work on some occasions due to severe morning sickness. 

The complainant’s supervisor and the company denied the allegations but agreed to participate in conciliation.

The complaint was resolved with an agreement that the company pay the complainant $3,000 as general damages, waive debts due to accidental over payment and provide her with a statement of service. The company also agreed to review policies and training with respect to equal employment opportunity, incorporating feedback from the complainant. The parties agreed to end the employment relationship.

The complainant has paralysis in her right side and uses an electric wheelchair. She stayed at the respondent caravan park and alleged the accessible bathroom was not accessible to her because it had a steep, makeshift entry ramp and no horizontal grab rails in the shower. She also claimed that she was required to hold a key for the accessible bathroom by paying a refundable bond when she checked in. 

The caravan park claimed that its accessible bathroom was upgraded less than three years earlier and complied with the Australian Building Code. It claimed that the key bond policy was reasonable in the circumstances.

The complaint was resolved with an agreement that the caravan park install a permanent low-gradient ramp leading to the accessible bathroom and install horizontal grab rails in the shower.