Conciliation Register
Act |
Disability Discrimination Act |
Grounds |
Disability |
Areas |
Employment |
Outcome details |
|
Amount | $2,320 |
Year |
The complainant has Autism Spectrum Disorder and says he can feel overwhelmed when given a lot of information. He said he became overwhelmed on his first day of work with the respondent organisation and took the second day as personal leave. He claimed on the third day, he was told he was not the right fit for the organisation and his employment was terminated.
The organisation denied the allegations and said it was not aware of the complainant’s disability. The organisation claimed the complainant’s behaviour was inconsistent with its code of conduct and unrelated to his disability.
The complaint was resolved with an agreement that the organisation pay the complainant approximately $2,320 as a gesture of goodwill.
Act |
Sex Discrimination Act |
Grounds |
Breastfeeding |
Areas |
Goods, services and facilities |
Outcome details |
|
Year |
The complainant has a 6 month old exclusively breastfed baby and applied to the respondent educational body to sit a tertiary level admissions test. She alleged she was informed two days before the exam that she would not be permitted to breastfeed her baby on demand but rather, during the lunch break. The complainant noted this would mean she would not have a lunch break like others sitting the exam.
On being advised of the complaint, the respondent agreed to participate in a conciliation process to try to resolve the complaint.
The complaint was resolved with an agreement that the respondent write to the complainant apologising for her experience and offer a refund for the cost of the exam. The respondent also undertook to review its processes and training to improve information provided to breastfeeding people sitting exams and consider accommodating the needs of breastfeeding people in the context of existing adjustment guidelines.
Act |
Disability Discrimination Act |
Grounds |
Assistance animal Disability |
Areas |
Accommodation Goods, services and facilities |
Outcome details |
|
Amount | Approximately $1,820 |
Year |
The complainant has a psychosocial disability and has an assistance dog. She alleged the respondent motel informed her that pets were not permitted and she would need to pay a $60 cleaning fee if she wished to proceed with her booking. The complainant chose to leave.
On being informed of the complaint, the motel indicated a willingness to try to resolve the complaint by conciliation.
The complaint was resolved with an agreement that the motel:
-
Write to the complainant apologising for the incident and any adverse impact it had on her
-
Review its policies and procedures with regard to its legal obligations to offer services to people with disability with assistance animals without discrimination
-
Ensure its owners and staff undertake an online training module developed by an organisation that trains assistance animals for people with psychosocial disability
-
Donate $1,500 to the organisation
-
Pay the complainant approximately $320 in compensation for property left at the motel.
Act |
Disability Discrimination Act |
Grounds |
Assistance animal Disability |
Areas |
Goods, services and facilities |
Outcome details |
|
Year |
The complainant has psychosocial disability and uses an assistance animal. She alleged she was directed to leave the respondent hotel because she was accompanied by her assistance dog.
The hotel claimed the complainant failed to provide evidence that her dog is an assistance animal.
The complaint was resolved with an agreement that the hotel write to the complainant expressing regret for the distress the complainant experienced and welcoming her to attend the hotel with her assistance dog in future.
Act |
Racial Discrimination Act |
Grounds |
Ethnic origin National origin/extraction Race |
Areas |
Goods, services and facilities |
Outcome details |
|
Amount | $500 |
Year |
The complainant said that a staff member at the respondent supermarket asked him if he was Scottish. He alleged that when he responded that he was from Northern Ireland, the staff member said “Well, that’s unfortunate…”
The supermarket acknowledged the staff member used the word “unfortunate” but denied the comment as alleged by the complainant.
The complaint was resolved with an agreement that the supermarket offer the complainant a $500 gift card.
Act |
Disability Discrimination Act |
Grounds |
Disability |
Areas |
Goods, services and facilities |
Outcome details |
|
Year |
The complainant has a disability that impairs her speech and contacted the respondent medical centre to make an appointment. She alleged a receptionist hung up on her after saying she could not understand her and “this is too much”.
The medical centre said the receptionist ended the call because the centre was experiencing phone connectivity issues and not because of any difficulty understanding the complainant’s speech. The centre said it instructed staff to inform patients of connectivity issues before ending a call.
The complainant considered the complaint resolved on the basis of the information provided by the medical centre and following an apology from the receptionist.
Act |
Sex Discrimination Act |
Grounds |
Sex sex-based harassment Sexual harassment Victimisation |
Areas |
Employment |
Outcome details |
|
Amount | $82,500 |
Year |
The complainant worked for the respondent hospitality venue. She alleged her manager sexually harassed her and harassed her on the ground of her sex, including by calling her a 'moody bitch', 'stupid slut' and 'whore', pulling up her skirt and slapping her on the bottom, touching her breasts, asking her to go home with him, physically assaulting her and throwing objects at her. The complainant alleged she was actively dissuaded from making a complaint about her manager’s behaviour, including by being told this could destroy her career. The complainant felt she had no option but to resign.
The venue denied being aware of the complainant’s concerns about her manager until she made a complaint. The venue said it was unable to properly investigate the allegations because it did not receive sufficient information from the complainant before she resigned.
The complaint was resolved with an agreement that the venue pay the complainant $75,000 and the manager pay her $7,500.
Act |
Disability Discrimination Act |
Grounds |
Disability aid Disability |
Areas |
Access to premises Goods, services and facilities |
Outcome details |
|
Year |
The complainant is 80 years of age and has a disability that impacts his mobility. He uses a scooter for mobility and alleged his local council refused his request to provide footpath access to his home.
The complainant considered his complaint resolved after being notified that the council would construct footpath access to his home as part of its building infrastructure plans for the following year.
Act |
Racial Discrimination Act |
Grounds |
Descent Ethnic origin National origin/extraction Race |
Areas |
Employment Other section 9 |
Outcome details |
|
Amount | $500 |
Year |
The complainant is a Russian national and alleged the respondent organisation did not offer her a job, citing sanctions against Russia in place at the time of the recruitment process.
The organisation said the decision was made in compliance with relevant sanctions against Russia and it could be in breach of the law if it hired the complainant. The organisation indicated a willingness to try and resolve the complaint by conciliation.
The parties discussed the sanctions laws and the risk assessment employed by the respondent at the conciliation conference. The complainant was satisfied with the detailed explanation provided by the respondent during conciliation, and was content to close the complaint as resolved on the basis of the information provided.
Act |
Sex Discrimination Act |
Grounds |
Sex sex-based harassment Sexual harassment Victimisation |
Areas |
Employment |
Outcome details |
|
Amount | $105,000 |
Year |
The complainant worked at the respondent consultancy as a change manager. She alleged that at a company function, the CEO sexually harassed her, including by making comments of a sexual nature, attempting to kiss her, and touching her bottom. The complainant alleged that in response to her complaint about the CEO’s conduct, she was offered some leave and access to five counselling sessions, but there appeared to be no action taken against the CEO. She said she felt she had no option but to resign. She alleged that when her lawyers contacted the company in relation to her allegations and intent to lodge a complaint with the Commission, the company declined to pay her money she was owed and threatened to report her to the police for accessing company systems after the end of her employment.
The company denied unlawful discrimination but agreed to participate in conciliation to try to resolve the complaint.
The complaint was resolved with an agreement that the company pay the complainant $105,000 and provide her with a statement of service.
Act |
Disability Discrimination Act |
Grounds |
Assistance animal Disability |
Areas |
Goods, services and facilities |
Outcome details |
|
Amount | $250 |
Year |
The complainant alleged the respondent taxi driver at a taxi rank refused to take his fare because he was accompanied by an assistance animal.
The taxi driver said he did not take the complainant’s fare because it would mean he would be late for a pre-arranged booking.
The complaint was resolved through conciliation. The taxi driver had undergone training on discrimination and customer service and expressed regret for declining the complainant’s fare. The taxi driver agreed to make a $250 donation in the complainant’s name to a charity that assists people with assistance animals and provides training and awareness raising to the public. The taxi company agreed to consult the charity on suitable training materials for its drivers to increase awareness of appropriate conduct towards passengers with disability accompanied by assistance animals.
Act |
Disability Discrimination Act |
Grounds |
Disability aid Disability |
Areas |
Access to premises Disability Standards Goods, services and facilities |
Outcome details |
|
Year |
The complainant uses a wheelchair. She alleged she had difficulty accessing the respondent retail outlet because aisles were obstructed by boxes, displays and decorations. She claimed when she raised the issue with the store manager she was treated in a disrespectful manner.
The retailer advised the complainant’s experience was an isolated incident and inconsistent with its policies. The retailer apologised to the complainant for her experience and indicated a willingness to participate in conciliation to try to resolve the complaint.
The complaint was resolved by conciliation with an undertaking that the retailer provide training to staff on appropriate stocking procedures and the need to maintain wheelchair accessible pathways in retail outlets. The retailer also undertook to remind staff of the need to respond to customer concerns in a professional manner and deliver training on the needs of customers with disability. Further, the retailer also undertook to deliver additional regular training and carry out regular audits to ensure its outlets comply with relevant accessibility policies and requirements. The manager referred to in the complaint was no longer employed by the retailer.
Act |
Disability Discrimination Act |
Grounds |
Disability |
Areas |
Disability Standards Education |
Outcome details |
|
Amount | $5,000 |
Year |
The complainant’s son has a rare chromosomal disorder and is non-ambulatory and non-verbal. She alleged the respondent private school declined her son’s application for enrolment on the basis that it considered his disability could not be accommodated in a mainstream environment.
The school denied any discrimination and indicated a willingness to try to resolve the complaint by conciliation.
The complaint was resolved with an agreement that the school pay the complainant $5,000 as general damages. The school apologised to the complainant for her experience and agreed to convey the complainant’s concerns about the nature of communications between the school and parents seeking to enrol children with disability as a senior leadership meeting.
Act |
Racial Discrimination Act |
Grounds |
Colour Race |
Areas |
Employment |
Outcome details |
|
Amount | $1,000 |
Year |
The complainant said she is African and has brown skin. She alleged her manager at the respondent bridal store discriminated against her on the ground of her race, including by treating her disrespectfully, following her around the shop, offering her no shifts and preferring the company of a white colleague of a similar age to the complainant.
The respondents denied discriminating against the complainant. They said the complainant was advised that ongoing work was subject to an assessment of her performance during two trial shifts. The respondents claimed the complainant did not perform well, including in her use of body language and interactions with customers. The respondents said the successful applicant is from a culturally and ethnically diverse background and had skills and experience superior to those of the complainant.
The complaint was resolved by conciliation with an agreement that the shop pay the complainant $1,000 ex-gratia. The shop also undertook to provide clearer information to future applicants about the recruitment process, including that employment is subject to performance during trial shifts and that applicants are welcome to continue to seek job opportunities during the trial period.
Act |
Disability Discrimination Act |
Grounds |
Assistance animal Disability |
Areas |
Accommodation Goods, services and facilities |
Outcome details |
|
Year |
The complainant alleged the respondent real estate agent denied her access to a property because she was accompanied by an assistance dog.
The real estate company apologised to the complainant for her experience and expressed a desire to try to resolve the complaint by conciliation.
The complaint was resolved by conciliation. The real estate agent was counselled and attended anti-discrimination training. The company delivered training to its staff on their obligations towards people with disability and assistance animals, incorporating information and resources provided by the Commission.