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2018-07-14

The complainant was employed as an accountant at the respondent mining company. She said she had a flexible working arrangement to work three days per week and finish each day at 5.00 pm so she could collect her daughter from childcare. She claimed that despite the flexible working arrangement, her manager verbally reprimanded her for leaving work at 5.00 pm and placed her under performance management. She also claimed that the company made her redundant after she made a complaint to this Commission.

The company claimed it held genuine concerns about the complainant’s performance unrelated to her family responsibilities or flexible work arrangement. The company claimed the process that resulted in the complainant’s redundancy began before the complainant made her complaint to the Commission and the complainant’s position was selected for redundancy by someone unaware of the complaint.

The complaint was resolved with an agreement that the company pay the complainant $15,000 as general damages, deliver anti-discrimination training to all staff and leadership training to all managers and implement a flexible work guideline incorporating the ability to work from home and access time in lieu.

Year

Discrimination type
Sex Discrimination Act

Grounds
Family responsibilities
Sex
Victimisation

Areas
Employment

Outcome details

Compensation

Anti-discrimination/EEO policy developed

Policy change/Change in practice

Amount
$15,000