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2018-08-11

The complainant is of Torres Strait Island ethnic origin and had been employed by the respondent private school for over ten years. He said that, during a discussion with a colleague about a possible lift to another colleague’s wedding, he was vague about his pick-up address. He alleged the colleague asked him ‘why you don't want to tell me where you live, is that because you are a Boonga?’ The complainant claimed that the term 'boonga' is offensive to those of Indigenous heritage and that the colleague asked the question to be disparaging of his race and to imply he lived in sub-standard housing. The complainant claimed the school failed to respond appropriately to his complaint about the incident. The complainant resigned his employment before lodging a complaint with the Commission.

The school confirmed that the complainant was subjected to an offensive and insensitive comment in the workplace, but denied not responding appropriately to the incident. 

The complaint was resolved with an agreement that the school pay the complainant $7,500 as general damages, undertake to update its policies and procedures (including policies regarding non-discrimination and its code of conduct) and arrange training in relation to the above policies.

Year

Discrimination type
Racial Discrimination Act

Grounds
Descent
Ethnic origin
National origin/extraction

Areas
Employment

Outcome details

Compensation

Anti-discrimination/EEO policy reviewed/revised

Anti-discrimination training introduced

Amount
$7,500