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2019-05-15

The complainant is deaf and uses Auslan to communicate. She said she was offered the use of Auslan interpreters on three occasions when she first started work at the respondent public hospital. However, she said no further Auslan support was provided over the ensuing years, meaning she was often unable to understand what was being said at meetings or training courses, including information about changes to her working hours.

The respondent hospital advised that reasonable adjustment arrangements for the complainant had not been formalised, but it was known she would benefit from access to Auslan interpreters. The hospital claimed Auslan interpreters were used for formal meetings, and lip-reading and text messages/handwritten notes were used in less formal occasions. The hospital argued additional use of Auslan interpreters would not have been practicable. The hospital claimed concerns were held about the complainant’s use of sick leave and her fitness for duty and she ultimately resigned.

The complaint was resolved with an agreement that the hospital pay the complainant $5,000 and write to her expressing regret for the events giving rise to the complaint. The hospital also agreed to deliver disability awareness training to its managers, with a focus on deafness.

Year

Discrimination type
Disability Discrimination Act

Grounds
Disability

Areas
Employment

Outcome details

Compensation 

Statement of regret

Anti discrimination/EEO training introduced 

Amount
$5,000