DISABILITY DISCRIMINATION ACT 1992
For complaints conciliated and finalised in the period of Jul - Dec 2009
Areas by:
Access to premises
Grounds |
Disability of person(s) aggrieved - indirect |
Areas |
Access to premises |
Terms Of Settlement |
Access to premises provided - physical modifications |
Compensation |
|
Complaint Summary |
The complainant has two below the knee amputations and two artificial
limbs. The complainant said the respondent marina was not accessible to her
because the upper level could only be accessed by stairs. The complaint was resolved by conciliation when the respondent advised that it would be installing a lift within the next six months. |
Education
Grounds |
Disability of person(s) aggrieved - direct Disability of person(s) aggrieved - indirect |
Areas |
Education Unlawful to contravene Disability standards |
Terms Of Settlement |
Education - adjustment provided - physical modifications Education - adjustment provided - other |
Compensation |
|
Complaint Summary |
The complaint was lodged by the parents of a 12 year old boy who has
cerebral palsy and uses a wheelchair. The complainants said their son attends
the local public school and the school had recently purchased a new school bus
that does not have wheelchair access. They said that as a result, their son
cannot attend school camps and excursions unless they transport him themselves.
The complainants advised that they live in a small country town where accessible
taxis or other forms of accessible transport are not available. The school confirmed that the new school bus did not have a wheelchair hoist but said an accessible bus belonging to the local community health service could be used on the occasions when the complainants' son was participating in school excursions. The respondent noted that because of the student's high care needs, he was not able to attend the school camp unless accompanied by a carer. The complaint was resolved with an agreement that the school would fit a wheelchair hoist to the new school bus and develop protocols for communication between the school and the complainants about their son's participation in activities. |
Grounds |
Disability of person(s) aggrieved - direct Disability of person(s) aggrieved - indirect |
Areas |
Education Unlawful to contravene Disability standards |
Terms Of Settlement |
Apology - private Financial compensation Policy change/change in practice (internal staff) |
Compensation |
$1,605 |
Complaint Summary |
The complaint was lodged by a mother on behalf of her 6 year old son who
has autism and attends the respondent independent school. The complainant
claimed her son was discriminated against in that he was frequently disciplined
for his behaviour and behaviour management recommendations were not implemented.
The complainant also said her son was not provided with an Individual Education
Plan. The respondent denied the allegations of disability discrimination. The respondent said an Individual Education Plan was in place and reasonable adjustments were provided to enable the complainant's son to access education on the same basis as students without his disability. The complaint was resolved with an agreement that the respondent would provide the complainant with a written apology, refund $1,605 worth of school fees and revise its behaviour management policy. |
Grounds |
Disability of person(s) aggrieved - direct Disability of person(s) aggrieved - indirect |
Areas |
Education Unlawful to contravene Disability standards |
Terms Of Settlement |
Statement of regret - private Policy - anti-discrimination/EEO policy reviewed/revised Financial compensation |
Compensation |
$12,000 |
Complaint Summary |
The complainant, who has a vision impairment, applied to do childcare
studies with the respondent educational institution. He claimed the institution
raised issues about his ability to safely provide childcare services and asked
for documentation to prove his ability to work with children. The complainant
also alleged the institution indicated an unwillingness to accommodate his
disability and advised him future employment was unlikely because of his vision
impairment. The complainant said he subsequently enrolled and completed studies
at a different institution. The respondent institution confirmed discussions had taken place concerning the practical placement component of the course but denied that any adverse comments had been made to the complainant. The complaint was resolved with the respondent institution agreeing to provide the complainant with a statement of regret and pay him $12,000 general damages. The institution also agreed to review its anti-discrimination policy. |
Grounds |
Disability of person(s) aggrieved - direct Disability of person(s) aggrieved - indirect |
Areas |
Education |
Terms Of Settlement |
Financial compensation Education - adjustment provided - other |
Compensation |
$10,000 |
Complaint Summary |
The complainant's daughter has a language disorder and learning disability.
The complainant alleged that the respondent primary school did not provide her
daughter with adequate support and adjustments to enable her to attend school
and access education on equal terms. The respondent school/department denied discrimination and said that appropriate adjustments had been provided to the complainant's daughter. The complaint was resolved when the school agreed to implement a new individual learning plan for the complainant's daughter and pay compensation of $10,000. |
Grounds |
Disability of person(s) aggrieved - direct Disability of person(s) aggrieved - indirect |
Areas |
Education Unlawful to contravene Disability standards |
Terms Of Settlement |
Education - adjustment provided - other |
Compensation |
|
Complaint Summary |
The complainant advised he has Asperger’s Syndrome and anxiety and is
enrolled as a student at the respondent higher educational institution. The
complainant's allegations included that he was not provided with appropriate
support to assist him undertake his studies and that staff of the institution
often spoke to him in a manner which was difficult for him to
understand. On being advised of the complaint, the respondent institution agreed to participate in conciliation to try to resolve the matter. The complaint was resolved with an agreement that the institution would provide additional assistance to the complainant which included providing a participation assistant and class notes. |
Grounds |
Disability of person(s) aggrieved - direct Disability of person(s) aggrieved - indirect |
Areas |
Education |
Terms Of Settlement |
Education - adjustment provided - other |
Compensation |
|
Complaint Summary |
The complainant's daughter has cerebral palsy. The complainant said he
purchased a laptop for his daughter to use at school as it takes her twice as
long as other students to do handwriting. The complainant claimed the respondent
government school refused to allow his daughter to use the laptop. The complaint was resolved when the school agreed that the complainant's daughter's could do the majority of her schoolwork using the laptop. |
Grounds |
Disability of person(s) aggrieved - direct Disability of person(s) aggrieved - indirect |
Areas |
Education Unlawful to contravene Disability standards |
Terms Of Settlement |
Education - revised terms & conditions Complainant satisfied with response/information provided/action taken |
Compensation |
|
Complaint Summary |
The complainant lodged a complaint on behalf of her son who has Autism
Spectrum Disorder. The complainant said that as a result of her son’s
behavioural problems associated with his disability, the respondent primary
school would not allow him to play outside and required that he stay in the
library at lunch times. She also claimed teachers did not adequately address
incidents where her son had been bullied by other children. On being advised of the complaint the respondent school and education department agreed to participate in conciliation to try to resolve the matter. The complaint was resolved when it was agreed that the respondent would review the complainant's son’s funding support program and provide the complainant with appropriate contacts to discuss any future concerns. |
Grounds |
Disability of person(s) aggrieved - direct Disability of person(s) aggrieved - indirect |
Areas |
Education |
Terms Of Settlement |
Statement of regret - private Financial compensation Education - adjustment provided - other Training - named individual(s) to undertake anti-discrimination/EEO training |
Compensation |
$4,000 |
Complaint Summary |
A father complained that his 15 year old son, who has muscular dystrophy,
had been discriminated against and harassed at school. The father claimed a
substitute teacher had pushed his son, held his son against a wall and made fun
of his son in front of other students, by mocking the way he walked. On being notified of the complaint, the respondent education provider agreed to participate in conciliation. The complaint was resolved with an agreement that the education provider would: pay the student $4,000 damages; provide him with a lap-top and a height adjustable chair for the classroom; provide him with a statement of regret and arrange for the named teacher to undertake anti-discrimination training. |
Grounds |
Disability of person(s) aggrieved - direct Disability of person(s) aggrieved - indirect |
Areas |
Education |
Terms Of Settlement |
Financial compensation |
Compensation |
$7,000 |
Complaint Summary |
The complainant said her son has Sensory Processing Disorder and Asperger's
Syndrome. She alleged that the private school her son previously attended,
discriminated against her son on the basis of his disability. Her allegations
included that the school suspended her son on several occasions; failed to
implement strategies to manage her son's behaviour and excluded her son from all
school activities including sports day and Christmas activities. The school denied disability discrimination and said the complainant's son's behaviour was a danger to staff and other students. The school said behaviour management strategies were implemented but were not effective. The parties were able to resolve the complaint with an agreement that the school would pay the complainant $7,000 as an ex-gratia payment. |
Grounds |
Disability of person(s) aggrieved - direct Disability of person(s) aggrieved - indirect |
Areas |
Education Unlawful to contravene Disability standards |
Terms Of Settlement |
Financial compensation Statement of regret - private |
Compensation |
$4,000 |
Complaint Summary |
The complainant advised he has narcolepsy and was a student at the
respondent private school. The complainant said he advised the school of his
disability but his disability was not appropriately accommodated over a three
year period. He claimed he was encouraged to leave school and was not allowed to
sit his final exams. On being advised of the complaint, the school indicated a willingness to try to resolve the matter through conciliation. The complaint was resolved with an agreement that the school would provide the complainant with a statement of regret and $4,000 compensation. |
Grounds |
Disability of person(s) aggrieved - direct Disability of person(s) aggrieved - indirect |
Areas |
Education Unlawful to contravene Disability standards |
Terms Of Settlement |
Education - adjustment provided - other |
Compensation |
|
Complaint Summary |
The complaint was lodged by a mother on behalf of her 8 year old daughter
who has Asperger's Disorder, Attention Deficit Hyperactivity Disorder and
Obsessive Compulsive Disorder. The complainant said the respondent primary
school was not providing reasonable adjustments to accommodate her daughter's
disabilities. On being advised of the complaint, the respondent department indicated a willingness to try to resolve the matter through conciliation. The complaint was resolved with an agreement that the department would undertake reviews of the complainant's daughter's progress each term and provide her with a specific requested modification. |
Grounds |
Disability of person(s) aggrieved - direct Disability of person(s) aggrieved - indirect |
Areas |
Education |
Terms Of Settlement |
Financial compensation |
Compensation |
$22,000 |
Complaint Summary |
The complainant has one leg and scoliosis of the spine. The complainant was
enrolled in a course at the respondent institution which involved significant
physical activity. The complainant claimed she was fit to do the course and
alleged the institution had suspended her because of her disability. The
complainant subsequently discontinued her enrolment with the
institution. The respondent institution said detailed assessment was required to ensure that the course was appropriate and safe for the complainant. The institution said the assessment had taken a significant period of time and was ongoing. The complaint was resolved with an agreement that the institution would pay the complainant $22,000 general damages. |
Grounds |
Disability of person(s) aggrieved - direct Disability of person(s) aggrieved - indirect |
Areas |
Education |
Terms Of Settlement |
Education - revised terms & conditions |
Compensation |
|
Complaint Summary |
The complainant's daughter has a congenital brain disability which, among
other things, affects her coordination and motor skills. The complainant
said her daughter should meet the criteria for on-going funding for an aide
under an education program for children with disabilities but the respondent
education department is of the view that her daughter does not meet the
requirements. The respondent department said the complainant had not provided appropriate medical evidence to demonstrate that her daughter meets the program criteria. At conciliation it was agreed that an aide would be provided for the complainant's daughter from a different funding source. |
Employment
Grounds |
Disability of person(s) aggrieved - direct Disability of person(s) aggrieved - indirect |
Areas |
Employment |
Terms Of Settlement |
Financial compensation Apology - private |
Compensation |
$10,000 |
Complaint Summary |
The complainant, who is blind and has a guide dog, said he moved interstate
to take up a position as marketing manager of a non-profit organisation. The
complainant said he requested certain adjustments for his disability including
computer equipment and the provision of meeting agendas and minutes by email.
The complainant claimed he was provided with the equipment he needed but not the
other adjustments he requested. He also alleged that he was asked not to walk
around the office with his guide dog as a co-worker was allergic to dog hair.
The complainant said the respondent’s failure to provide adjustments for
his disability made it difficult for him to carry out his duties effectively and
he eventually resigned. The respondent organisation denied the allegations and said the complainant was provided with the adjustments he requested. The complaint was resolved with an agreement that the organisation would provide the complainant with a verbal apology and pay him $10,000 compensation. |
Grounds |
Disability of person(s) aggrieved - direct Disability of person(s) aggrieved - indirect |
Areas |
Employment |
Terms Of Settlement |
Employment - job offer |
Compensation |
|
Complaint Summary |
The complainant was employed on a temporary contract with the respondent
government department as an administration officer. She said that her contract
was continually renewed and about 14 months later, she was diagnosed with breast
cancer. She claimed her supervisor said she would be offered a permanent
position and encouraged her to apply for an upcoming permanent vacancy. The
complainant said her application for the permanent position was unsuccessful and
her contract was not renewed. The complaint alleged that this was because of her
disability. On being advised of the complaint, the respondent department indicated a willingness to resolve the matter through conciliation. The complaint was resolved with an agreement that the department would employ the complainant on a permanent basis in another position. |
Grounds |
Disability of person(s) aggrieved - direct Disability of person(s) aggrieved - indirect |
Areas |
Employment |
Terms Of Settlement |
Financial compensation |
Compensation |
$15,000 |
Complaint Summary |
The complainant advised that she has schizophrenia and is obese. She
claimed she successfully applied for a position as an administrative officer
with the respondent Commonwealth department but on her first day of work, was
told that her name had been removed from the successful applicant list. The
complainant said that when she asked why her name had been removed, she was told
this was because the department had been notified that she was prone to violent
outbursts. The department confirmed the complainant applied for the position and that her application was successful. The department denied disability discrimination and said the complainant was unable to commence work on the day in question because of a series of administrative oversights. The complaint was resolved at a conciliation conference with an agreement that the department would provide the complainant with an apology and pay her $15,000 compensation. |
Grounds |
Disability of person(s) aggrieved - direct Disability of person(s) aggrieved - indirect |
Areas |
Employment |
Terms Of Settlement |
Reference/Statement of Service provided Apology - private Financial compensation |
Compensation |
$12,000 |
Complaint Summary |
The complainant worked as a driver for the respondent service industry
company. The complainant injured her shoulder at work and was off work for six
weeks. Soon after the complainant returned to work, she sustained an injury to
her other shoulder and was off work for a further period. The complainant said
she returned to work for two weeks but the manager told her there would be no
work for her in the foreseeable future. The complainant alleged she was
dismissed from employment because of her disability. The respondent company said the complainant left work of her own accord and denied that the complainant's injuries or associated workers compensation claims were reasons for not providing her with further work. The parties participated in a conciliation conference and the complaint resolved when the respondent agreed to provide the complainant with a written apology, a statement of service and $12,000 compensation. The respondent also agreed to re-print its employee handbook and distribute it to every employee. |
Grounds |
Disability of person(s) aggrieved - direct Disability of person(s) aggrieved - indirect |
Areas |
Employment |
Terms Of Settlement |
Financial compensation Other - please specify |
Compensation |
$15,000 |
Complaint Summary |
The complainant advised he was employed with the respondent manufacturing
company as a supervisor. The complainant said he sustained a neck injury at work
and returned to work on restricted duties four months later. He claimed that
some seven months after he returned to work, the company advised it had medical
advice indicating he would need to remain on restricted duties. The complainant
said he obtained an independent medical assessment which said he was able to
return to his pre injury position but despite this, his employment was
terminated. The company said the complainant's employment was finalised because of medical advice that indicated he could not perform the inherent requirements of the position in which he had been employed. The complaint was resolved with an agreement that the company would pay the complainant $15,000 compensation. The respondent also agreed to transfer the title for the house the complainant had leased during his employment, to the complainant. |
Grounds |
Disability of person(s) aggrieved - direct Disability of person(s) aggrieved - indirect |
Areas |
Employment |
Terms Of Settlement |
Financial compensation Other - please specify Policy - anti-discrimination/EEO policy developed Training - anti-discrimination/EEO staff training introduced |
Compensation |
$5,000 |
Complaint Summary |
The complainant, who has a physical disability, was employed as a project
officer with a not for profit organisation. The complainant said she made
several requests to do some home based work as a reasonable adjustment for her
disability but her requests were ignored or refused. The complainant said her
contract of employment was not renewed. The respondent organisation denied the allegations of disability discrimination. The organisation said it was aware that the complainant had a disability but claimed that the complainant had never provided information about specific needs relating to her disability. The respondent said the complainant's requests to do some home based work were considered and her employment contract was amended to reflect the agreed changes. The complaint was resolved at conciliation with the respondent agreeing to: pay the complainant $5,000 compensation; place an article in the organisation's newsletter thanking the complainant for her contributions; develop an anti-discrimination and equal employment opportunity policy; review the organisation's existing grievance policy; and provide anti-discrimination training to all staff. |
Grounds |
Disability of person(s) aggrieved - direct Disability of person(s) aggrieved - indirect |
Areas |
Employment |
Terms Of Settlement |
Financial compensation Apology - private |
Compensation |
$3,000 |
Complaint Summary |
The complainant said she has depression and other medical conditions and is
employed in a government department call centre. The complainant said she took
some time off due to illness and the department then asked her to undergo a
medical assessment. The complainant claimed she was then moved to another team
and denied overtime. On being advised of the complaint, the department indicated a willingness to participate in conciliation. The complaint was resolved with the department agreeing to pay the complainant $3,000 compensation and provide her with an apology. |
Grounds |
Disability of person(s) aggrieved - direct Disability of person(s) aggrieved - indirect |
Areas |
Employment |
Terms Of Settlement |
Complainant satisfied with response/information provided/action
taken |
Compensation |
|
Complaint Summary |
The complaint was lodged by a father on behalf of his son who has autism.
The complainant said his son applied for a job at the respondent restaurant and
disclosed his disability on the application form. The complainant said his son's
disability was a reason he did not get the job. The owner of the restaurant denied that the complainant's disability was a factor in the decision. The owner said the complainant's son was not employed because he could not work the required hours. The respondent provided copies of other applications which were unsuccessful for the same reason. The complainant was satisfied with the restaurant owner's response. |
Grounds |
Disability of person(s) aggrieved - direct Disability of person(s) aggrieved - indirect |
Areas |
Employment |
Terms Of Settlement |
Statement of regret - private Policy change/change in practice (internal staff) Financial compensation |
Compensation |
$800 |
Complaint Summary |
The complainant is employed with the respondent government department. She
said the department has a policy whereby overtime is not offered to people who
have taken sick leave. The complainant claimed that her manager refused her
overtime because of her unplanned absences due to illness. On being advised of the complaint, the respondent department indicated a willingness to resolve the matter through conciliation. The complaint was resolved with an agreement that the department would amend its overtime policy, provide the complainant with a statement of regret, and pay her $800 for lost overtime. |
Grounds |
Disability of person(s) aggrieved - direct Disability of person(s) aggrieved - indirect Harassment |
Areas |
Employment |
Terms Of Settlement |
Financial compensation |
Compensation |
$2,000 |
Complaint Summary |
The complainant advised he has a hearing impairment and post traumatic
stress disorder and was employed as a section manager at the respondent retail
store. The complainant claimed other managers called him names, said he has
"mental issues" and told him he needed to get a hearing aid. The complainant
said he was subsequently dismissed. The respondent company said the complainant's allegations of harassment were looked into and rejected. The company said the complainant's employment was terminated because of misconduct. The matter was resolved at conciliation with the company agreeing to pay the complainant $2,000 compensation. |
Grounds |
Disability of person(s) aggrieved - direct Disability of person(s) aggrieved - indirect |
Areas |
Employment |
Terms Of Settlement |
Financial compensation Policy change/change in practice (internal staff) |
Compensation |
$4,000 |
Complaint Summary |
The complainant used an employment agency to apply for casual data entry
work with the respondent company. The complainant said her application was
unsuccessful because the pre-employment medical assessment indentified that she
had scoliosis. The complainant said she was not aware she had scoliosis and had
never had any problems with her back. She claimed her doctor was of the opinion
that she could do the required duties. On being notified of the complaint, the respondent company indicated its willingness to try to settle the matter by conciliation. The matter was resolved with the company agreeing to pay the complainant $4,000 compensation and undertake a review of its medical assessment process. |
Grounds |
Disability of person(s) aggrieved - direct Disability of person(s) aggrieved - indirect |
Areas |
Employment |
Terms Of Settlement |
Employment - job offer Policy change/change in practice (internal staff) |
Compensation |
|
Complaint Summary |
The complainant, who has a colour vision impairment, alleged he was refused
employment with the respondent emergency services organisation because of his
disability. The respondent said the complainant's application was put on hold as the colour vision requirements for employment were being reviewed. The complaint was resolved when the organisation advised that restrictions relating to the complainant's situation had been amended and the organisation offered the complainant employment. |
Grounds |
Disability of person(s) aggrieved - direct Disability of person(s) aggrieved - indirect |
Areas |
Employment |
Terms Of Settlement |
Employment - adjustment provided- physical modifications Policy change/change in practice (internal staff) Statement of regret - private |
Compensation |
|
Complaint Summary |
The complainant, who has a vision impairment, is employed as a Head Teacher
with the respondent educational authority. She said she uses a screen reader to
access her computer but a number of web-based programs required for her work are
not accessible to her. The respondent authority confirmed that some computer programs are not accessible to the complainant. To resolve the complaint, the respondent agreed to put in place policy and procedures to ensure all new computer systems are accessible by staff and students with a disability. The respondent also agreed to provide the complainant with reasonable adjustment support of up to 20 hours per week and to provide her with a statement of regret. |
Grounds |
Disability of person(s) aggrieved - direct Disability of person(s) aggrieved - indirect |
Areas |
Employment |
Terms Of Settlement |
Financial compensation |
Compensation |
$10,000 |
Complaint Summary |
The complainant, who has diabetes, was employed in a government department
call centre. The complainant said his condition worsened and he required regular
meal breaks to manage the effects of his disability. The complainant alleged he
was placed on a performance management program and was eventually dismissed. On being notified of the complaint the respondent department agreed to participate in a conciliation. The matter was resolved when it was agreed that the complainant would finalise the two complaints he had on foot in different jurisdictions, and the respondent would pay him $10,000 compensation. |
Grounds |
Disability of person(s) aggrieved - direct Disability of person(s) aggrieved - indirect |
Areas |
Employment |
Terms Of Settlement |
Financial compensation |
Compensation |
$1,000 |
Complaint Summary |
The complainant worked for the respondent club for five years prior to
taking maternity leave. The complainant said that after returning to work, she
developed an illness and required further time off. The complainant claimed that
when she was well enough to return to work she was advised there was no work
available for her. The club said the complainant only returned to work for a week and a half and then advised she could not continue due to her child's health. The club claimed the complainant did not contact them for 9 months and so it was assumed she did not intend to return to work. The club said that when the complaint did make contact, she asked for day shift work and no such work was available. The matter was settled by conciliation with the respondent agreeing to pay the complainant $1,000 compensation. |
Grounds |
Disability of person(s) aggrieved - direct Disability of person(s) aggrieved - indirect |
Areas |
Employment |
Terms Of Settlement |
Financial compensation |
Compensation |
$5,000 |
Complaint Summary |
The complainant advised that she experiences migraine headaches. She
alleged she was treated less favourably and bullied in her employment with the
respondent government department. The complainant said that because of this, she
resigned from her job. The department denied discriminating against the complainant and said that efforts were made to accommodate the complainant's disability. The department claimed there were issues with the complainant's conduct in the workplace. The complaint was resolved with an agreement that the department would pay the complainant $5,000 compensation. |
Grounds |
Disability of person(s) aggrieved - indirect |
Areas |
Employment |
Terms Of Settlement |
Employment - adjustment provided - other |
Compensation |
|
Complaint Summary |
The complainant has a physical disability and has been issued with a
disability parking permit. The complainant said he was previously able to park
in accessible spaces near his workplace but the accessible parking has now been
moved further away. The respondent department acknowledged that temporary building work was taking place and the accessible parking spaces had been moved. The complaint resolved when the department agreed to provide alternative parking for the complainant closer to his workplace. |
Grounds |
Disability of person(s) aggrieved - direct Disability of person(s) aggrieved - indirect |
Areas |
Employment |
Terms Of Settlement |
Financial compensation |
Compensation |
$20,000 |
Complaint Summary |
The complainant was employed as a security officer with the respondent
security company. The complainant said he has a deformed arm as a result of an
injury and he alleged colleagues at his work mocked his disability by calling
him names and writing "f*** off flipper" on a clipboard. He said he made an
internal complaint but was not happy with the outcome. The respondent company said it had investigated the complainant's allegations but the findings were inconclusive. The company said they had offered the complaint a work role at an alternative site as part of a return to work program but the complainant did not complete the program or return to work. The complaint was resolved with an agreement that the company would pay the complainant $20,000 general damages. |
Grounds |
Disability of person(s) aggrieved - direct |
Areas |
Employment |
Terms Of Settlement |
Financial compensation |
Compensation |
$20,000 |
Complaint Summary |
The complainant, who has a hearing impairment, was employed with the
respondent manufacturing company. The complainant alleged she was suspended from
duty when the respondent found out about her disability. The complainant and respondent agreed to participate in conciliation prior to the respondent providing formal response to the complaint. The complainant did not wish to continue in her employment and the complaint was resolved with an agreement that the company would pay the complainant $20,000 compensation and allow her to continue to use the company car for approximately 4 months. |
Grounds |
Disability of person(s) aggrieved - direct Disability of person(s) aggrieved - indirect |
Areas |
Employment |
Terms Of Settlement |
Training - anti-discrimination/EEO staff training introduced Apology - private |
Compensation |
|
Complaint Summary |
A not for profit association which supports employment for people with
disabilities, lodged a complaint on behalf of several clients with disabilities
who had been unsuccessful in an employment exercise with the respondent company.
The association alleged that a manager of the company said he wanted "able
bodied/able minded employees". The association claimed its clients were not
given employment because of their disabilities. The respondent company said the named manager was not directly involved in the relevant aspects of the recruitment process. The company claimed they had a high number of applications for the positions and all applications were considered on their merits against the requirements of the position. The complaint resolved with an agreement that the named manager would provide an apology for the alleged comment and the company would arrange disability awareness training for all staff. |
Grounds |
Disability of person(s) aggrieved - indirect |
Areas |
Employment |
Terms Of Settlement |
Employment - adjustment provided - other |
Compensation |
|
Complaint Summary |
The complainant is a library assistant who was working a 28 hour week when
she was diagnosed with multiple sclerosis. The complainant said her employer
allowed her to reduce her hours to 20 hours per week, as recommended by her
doctor. However when she requested a further reduction to 12 hours per week, her
employer required that she take sick leave. The respondent council claimed the complainant was having difficulties with some aspects of the job and the decision was taken to safeguard the complainant's health. The complaint was resolved when the council agreed to re-design the complainant's job description to enable her to return to work for 12 hours each week. |
Grounds |
Disability of person(s) aggrieved - direct Disability of person(s) aggrieved - indirect |
Areas |
Employment |
Terms Of Settlement |
Apology - private Employment - other opportunity provided Training - anti-discrimination/EEO staff training introduced |
Compensation |
|
Complaint Summary |
The complainant advised that she has a mental illness and is employed with
the respondent government department. She claimed that her application for
promotion was unsuccessful because of her disability. On being advised of the complaint, the respondent department agreed to participate in conciliation to try to resolve the matter. The complaint was resolved with an agreement that the department would provide the complainant with a written apology and provide mental health awareness training for managerial staff. The department also agreed that if a suitable secondment opportunity arose in another agency and the complainant wished to apply, her application would be duly considered. |
Grounds |
Disability of person(s) aggrieved - indirect |
Areas |
Employment |
Terms Of Settlement |
Financial compensation Policy change/change in practice (internal staff) |
Compensation |
$2,800 |
Complaint Summary |
The complainant is employed with the respondent government department. The
complainant claimed the department has a policy whereby overtime is not offered
to people who have taken sick leave. The complainant said his claim for overtime
was refused because of his unplanned absences. On being advised of the complaint, the department indicated a willingness to resolve the matter through conciliation. The complaint was resolved with an agreement that the department would amend its policy and pay the complainant $2,800 which was equivalent to what he would have received if his overtime application had been approved. |
Grounds |
Disability of person(s) aggrieved - direct Disability of person(s) aggrieved - indirect |
Areas |
Employment |
Terms Of Settlement |
Financial compensation Reference/Statement of Service provided |
Compensation |
Amount equivalent to 4 months pay |
Complaint Summary |
The complainant was employed as an executive assistant with the respondent
financial institution. The complainant said that after approximately one year
with the company, she was advised she was to be put on a performance management
plan. The complainant said that at this meeting she told her employer that she
had bi-polar disorder and her medication had recently been changed. The
complainant claimed that reasonable adjustments for her disability were not
provided and the formal performance management process proceeded. On being notified of the complaint, the respondent company agreed to participate in conciliation. The complainant did not wish to continue her employment and the complaint was resolved with an agreement that the company would pay the complainant the equivalent of 4 months salary and provide her with a statement of service. |
Grounds |
Disability of person(s) aggrieved - direct Disability of person(s) aggrieved - indirect |
Areas |
Employment |
Terms Of Settlement |
Statement of regret - private Financial compensation |
Compensation |
$10,000 |
Complaint Summary |
The complainant advised that she is profoundly deaf, that sign language is
her first language but she can speak and sometimes lip-read. The complainant
said she had been employed with the respondent company for many years. The
complainant's allegations included that she was not provided with reasonable
adjustments to accommodate her disability during an organisational restructure
and was not provided with sign language interpreters for training and meetings.
The parties agreed to attempt to resolve the complaint without the employer providing a formal response to the Commission. The complaint was resolved when the company agreed to pay the complainant $10,000 compensation and provide her with a statement of service. |
Grounds |
Disability of person(s) aggrieved - direct |
Areas |
Employment |
Terms Of Settlement |
Apology - private Financial compensation Policy - anti-discrimination/EEO policy developed Training - named individual(s) to undertake anti-discrimination/EEO training |
Compensation |
$6,000 |
Complaint Summary |
The complainant was employed for 3 months with the respondent company as a
receptionist. The complainant developed vertigo during employment and had a
short time off work. The complainant alleged that she was then dismissed
because of her disability. The respondent company denied that the complainant's health was a factor in the dismissal. The company agreed to the pay the complainant $6,000 and provide her with an apology. The company also agreed to institute anti-discrimination training and improve its EEO policy. |
Grounds |
Disability of person(s) aggrieved - direct Disability of person(s) aggrieved - indirect |
Areas |
Employment |
Terms Of Settlement |
Financial compensation Training - anti-discrimination/EEO staff training introduced |
Compensation |
$7,750 |
Complaint Summary |
The complainant is deaf and communicates in Auslan. The complainant said
the respondent employer, a not for profit community organisation, did not
provide an Auslan interpreter for staff meetings, performance reviews and
meetings with clients. The complainant said she resigned after she was given a
disciplinary warning. The respondent agreed to try to resolve the complaint at conciliation without providing a detailed response to the complaint. The complaint was resolved with an agreement that the employer would provide Auslan training for interested staff and pay the complainant $7,750. |
Grounds |
Associate - direct Associate - indirect |
Areas |
Employment |
Terms Of Settlement |
Statement of regret - private Financial compensation Reference/Statement of Service provided Training - anti-discrimination/EEO staff training reviewed/revised |
Compensation |
$4,000 |
Complaint Summary |
The complainant was employed in a government department call centre. The
complainant advised that one of her daughters had severe depression and the
other had anorexia. The complainant said she told her employer about her
family/carer responsibilities but her employment was terminated shortly before
her probationary period ended. The respondent denied discriminating against the complainant and said her employment was terminated because of poor performance. The department said it was unaware of the full extent of the complainant's situation and the possible impact on her work performance. The complaint was resolved with an agreement that the department would pay the complainant $4,000 general damages, and issue her with a statement of regret and a statement of service. The department also agreed to provide training for its staff on the needs of employees with caring/family responsibilities. |
Grounds |
Disability of person(s) aggrieved - direct Disability of person(s) aggrieved - indirect |
Areas |
Employment |
Terms Of Settlement |
Financial compensation |
Compensation |
$10,000 |
Complaint Summary |
The complaint was employed as a technical officer with the respondent
company. The complainant said he developed a stress related condition and
depression due to workplace bullying and harassment and he lodged a workers
compensation claim. The complainant claimed that while on a return to work plan,
his medication changed and due to side effects, he was unable to work for
approximately one month. The complainant said he was dismissed from employment
while on the return to work plan. The respondent company did not provide a written response to the complaint but agreed to participate in conciliation. The matter was resolved at a conciliation conference when it was agreed that the company would pay the complainant $10,000 compensation. |
Grounds |
Disability of person(s) aggrieved - direct Disability of person(s) aggrieved - indirect |
Areas |
Employment |
Terms Of Settlement |
Financial compensation |
Compensation |
$500 |
Complaint Summary |
The complainant said she was working at the respondent service station as a
console operator and was then offered additional shifts in the kitchen. The
complainant claimed she injured herself in the kitchen and because of this, the
respondent reduced her shifts and then dismissed her. The respondent company denied the complainant was dismissed due to her disability. The respondent said the complainant was required to undertake work as either a console operator or in the kitchen. The respondent said that after working a shift in the kitchen, the complainant refused to continue to work there and only wanted to do console duties. The respondent said no console shifts were available at that time. The complaint resolved when the respondent agreed to pay the complainant $500 compensation. |
Grounds |
Disability of person(s) aggrieved - direct Disability of person(s) aggrieved - indirect |
Areas |
Employment |
Terms Of Settlement |
Financial compensation |
Compensation |
$25,000 |
Complaint Summary |
The complainant advised that he has medical condition and was employed with
the respondent bank. He said his position was made redundant and he was invited
to apply for other positions but shortly before interviews for these positions
were to take place, he was admitted to hospital. The complainant said that while
recuperating after discharge from hospital, he was contacted by the company and
interviewed at home, despite initially being told the meeting would not be a
formal interview. The complainant's application was unsuccessful and he alleged
he was disadvantaged because of the way in which the selection process had been
conducted. The respondent company confirmed an interview was undertaken at the complainant's home but said the complainant had been provided with the option of postponing the interview or doing a phone interview. The company said they made every effort to ensure that the complainant was treated fairly. The complaint was resolved with an agreement that the company would pay the complainant $25,000 . |
Grounds |
Disability of person(s) aggrieved - direct |
Areas |
Employment |
Terms Of Settlement |
Employment - job offer |
Compensation |
|
Complaint Summary |
The complainant had a casual position with the respondent company in its
warehouse. The complainant applied for a full time position and was required to
undergo a pre-employment medical assessment. The complainant was informed that
she failed the medical but was not told the reason. The complainant said she was
able to do the duties and believed she did not get the job because the company had formed the view that she is at risk of disabilities because she is
overweight
and/or because she only has one kidney. On being advised of the complaint, the respondent company agreed to review the medical evidence. The company subsequently offered the complainant a contract of employment. |
Grounds |
Disability of person(s) aggrieved - direct Disability of person(s) aggrieved - indirect |
Areas |
Employment |
Terms Of Settlement |
Financial compensation Reference/Statement of Service provided |
Compensation |
$6,000 |
Complaint Summary |
The complainant advised he has Crohn's Disease and an anxiety mood disorder
and had been employed with the respondent retail company for fifteen years. He
claimed that the company discriminated against him by dismissing him when he had
been on sick leave for six months. He also alleged that since becoming a
practising Muslim he had been discriminated against because of his religion. His
allegations included that he was not promoted or offered overtime, he was
isolated by staff and management and colleagues called him 'Taliban' or
'Terrorist'. The respondent company denied discrimination. The company said promotions and overtime were provided in accordance with merit and interest. The company said it had accommodated the complainant's prayer time. The company claimed that while on extended leave, the complainant refused reasonable requests to attend meetings and provide medical evidence regarding his ability to return to work and so his employment was terminated. The complaint was resolved after a conciliation conference with the respondent agreeing to pay the complainant $6,000 compensation and provide a statement of service. |
Grounds |
Disability of person(s) aggrieved - direct Disability of person(s) aggrieved - indirect |
Areas |
Employment |
Terms Of Settlement |
Financial compensation Training - named individual(s) to undertake anti-discrimination/EEO training |
Compensation |
$18,000 |
Complaint Summary |
The complainant was employed on a temporary contract with the respondent
government agency. The complainant said she was offered a permanent position
pending the outcome of a medical assessment. The complainant claimed the medical
examiner raised concerns about an old injury and the agency then refused to
permanently employ her and terminated her contract. The complainant said the
medical reports the agency relied on were almost ten years old and did not take
into consideration her rehabilitation. The agency said the decision to withdraw the permanent offer of employment was made because the complainant had failed two conditions of engagement i.e. that she receive a satisfactory health clearance and that she provide complete and accurate information in the pre-employment checking processes. The complaint was resolved on the basis that the agency would pay the complainant $18,000 in general damages and ensure staff attend anti-discrimination training. |
Grounds |
Disability of person(s) aggrieved - direct Disability of person(s) aggrieved - indirect |
Areas |
Employment |
Terms Of Settlement |
Financial compensation Reference/Statement of Service provided Policy - anti-discrimination/EEO policy developed Training - anti-discrimination/EEO staff training introduced |
Compensation |
$7,500 |
Complaint Summary |
The complainant, who is American and has carpel tunnel syndrome, was
employed in an administrative role at the respondent medical service. The
complainant alleged her co-workers made derogatory comments about Americans,
including that Americans think they know everything and that there were
“cultural differences” between her and other staff. The complainant
also alleged her employer did not accommodate her medical condition. The
complainant said her employment was terminated because she sustained an injury
to her hand and made an internal complaint. The respondent service denied that derogatory comments were made about Americans and said the phrase “cultural differences” was used in an attempt to resolve a disagreement between the complainant and another member of staff. The service said it was not aware the complainant has carpel tunnel syndrome or any other disability. The service claimed the complainant’s employment was terminated for performance reasons and due to an incident where she put patients at risk. The complaint resolved with an agreement that the respondents would provide the complainant with a statement of service, undergo training in relation to discrimination issues and implement an equal employment opportunity/discrimination policy. The respondent also agreed to pay the complainant $7,500 general damages. |
Grounds |
Disability of person(s) aggrieved - direct Disability of person(s) aggrieved - indirect |
Areas |
Employment |
Terms Of Settlement |
Employment - other opportunity provided |
Compensation |
|
Complaint Summary |
The complainant applied for a position as a trainee with a government
authority. The complainant said she was successful in the recruitment process
and advised of a tentative start date, subject to reference checks. The
complainant said her application was subsequently declined and she alleged this
was because it was imputed that she had a mental illness. On being advised of the complaint, the authority indicated a willingness to try to resolve the matter through conciliation. The complaint was resolved with an agreement that the respondent would accept a new application from the complainant and if the complainant was successful through all stages of the process, would place the complainant on the next available trainee course. |
Grounds |
Disability of person(s) aggrieved - direct Disability of person(s) aggrieved - indirect |
Areas |
Employment |
Terms Of Settlement |
Financial compensation |
Compensation |
$1,000 |
Complaint Summary |
The complainant said he was offered full time work as a store person with
the respondent manufacturing company. The complainant said the offer of
employment was withdrawn a day after he attended a required medical assessment
where he disclosed an old injury and associated worker compensation claim. The
complainant said the company subsequently advertised for another
worker. The company said the offer of employment was withdrawn because the company was no longer able to offer the complainant full-time work and the advertisement he referred to was for a casual position. The complaint resolved with an agreement that the company would pay the complainant $1,000 compensation. |
Grounds |
Disability of person(s) aggrieved - direct Disability of person(s) aggrieved - indirect |
Areas |
Employment |
Terms Of Settlement |
Financial compensation |
Compensation |
$10,300 |
Complaint Summary |
The complainant was employed as a storeman with the respondent retail
company. The complainant said his manager asked him to attend a meeting to
discuss workplace issues and he took his union delegate to the meeting. The
complainant claimed that immediately following the meeting, he was placed on a
roster which required him to do humiliating duties and he said this amounted to
trade union activity discrimination. The complainant also alleged disability
discrimination. He said he told his manager he had a sleeping condition which
affected his ability to do the early shift and despite providing medical
certificates, his employment was terminated because of his lack of
punctuality. The respondent company denied discriminating against the complainant. The company said the complainant's roster was changed to enable him to start later and his employment was terminated due to poor performance. The complaint was resolved with an agreement that the company would pay the complainant $10,300 in general damages. |
Grounds |
Disability of person(s) aggrieved - direct Disability of person(s) aggrieved - indirect |
Areas |
Employment |
Terms Of Settlement |
Financial compensation Apology - private Reference/Statement of Service provided |
Compensation |
$4,800 |
Complaint Summary |
The complainant, who has a hearing impairment and uses a hearing aid, was
employed as an electrician with the respondent business. He said that during his
employment, his supervisor asked intrusive questions about his hearing
impairment and suggested he have an operation. He said he was told that his
employment was being terminated because of complaints about his hearing. The respondent said the complainant’s employment was terminated while he was on probation because of communication problems. The matter was resolved at a conciliation conference, with the respondent agreeing to provide the complainant with an apology and a statement of service and pay him $4,800 compensation. |
Grounds |
Disability of person(s) aggrieved - direct Disability of person(s) aggrieved - indirect |
Areas |
Employment |
Terms Of Settlement |
Financial compensation Statement of regret - private |
Compensation |
$2,000 |
Complaint Summary |
The complainant, who has a hearing impairment and tinnitus was employed by
the respondent courier company as a driver. The complainant said he was
allocated less work than other employees and he alleged his employment was
terminated because of his disabilities. The respondent company denied the allegations and said the complainant's employment was terminated because of performance problems. The complaint was resolved with an agreement that the company would provide the complainant with a statement of regret and pay him $2,000 compensation. |
Grounds |
Disability of person(s) aggrieved - direct Disability of person(s) aggrieved - indirect |
Areas |
Employment |
Terms Of Settlement |
Financial compensation Reference/Statement of Service provided |
Compensation |
$1,767 |
Complaint Summary |
The complainant, who has a mild intellectual disability, was employed by
the respondent furniture company. The complainant claimed his colleagues called
him "spastic" and "retard" and he alleged his employment was terminated because
of his disability. The respondent company said it conducted an internal investigation upon being notified of the complaint, but could not find any evidence to support the complainant's allegations. The company said the complainant's employment was not terminated became of his disability but rather, because of his aggressive behaviour in the workplace. The complaint was resolved with an agreement that the company would pay the complainant $1,767 compensation and provide him with a statement of service. |
Grounds |
Disability of person(s) aggrieved - direct Disability of person(s) aggrieved - indirect |
Areas |
Employment |
Terms Of Settlement |
Financial compensation |
Compensation |
$20,000 |
Complaint Summary |
The complainant worked as a teacher for the respondent non-government
employer for a number of years. The complainant said she sustained a workplace
injury to her shoulder and back and was on modified duties for a period. The
complainant claimed she underwent a number of medical reviews which indicated
that she could safely do her duties but the respondent terminated her
employment. The complainant said the respondent relied on one medical report
that said she could not carry out certain aspects of the job. On being notified of the complaint, the respondent agreed to participate in the Commission's conciliation process. The complaint was resolved with the respondent agreeing to pay the complainant $20,000 general damages. |
Grounds |
Disability of person(s) aggrieved - direct Disability of person(s) aggrieved - indirect Disability - person assisted by trained animal |
Areas |
Employment |
Terms Of Settlement |
Financial compensation Reference/Statement of Service provided |
Compensation |
$5,000 |
Complaint Summary |
The complainant has a psychiatric disability and worked for the respondent
non-government organisation. The complainant advised her employer that she would
be getting an assistance animal to assist her manage her disability. She alleged
her employer said she could not bring her assistance animal into the workplace
and then suspended her from work. The respondent organisation denied discriminating against the complainant. The organisation claimed the assistance animal posed an unacceptable occupational health and safety risk in the workplace and a potential risk to clients of the service. The respondent said that on one occasion when the complainant attended work with her assistance animal, the animal appeared not to be under her control. The complaint was resolved with an agreement that the organisation would pay the complainant $5,000 general damages and provide her with a statement of service. |
Goods/services & facilities
Grounds |
Disability - person assisted by trained animal Disability - person assisted by trained animal |
Areas |
Goods/services & facilities Access to premises |
Terms Of Settlement |
Access to premises provided - other
modifications Goods/services/facilities - revised terms and conditions Policy change/change in practice (external customers) |
Compensation |
|
Complaint Summary |
The complainant has a psychiatric disability and uses an assistance dog.
The complainant alleged the respondent cafe, which is located in a large
shopping centre, discriminated against her because of her assistance dog. She
said she ordered and paid for a coffee but when the owner delivered her coffee,
he told her to get out and pointed to the sign that said 'No Dogs'. The
complaint was made against the cafe and the company that owned the shopping
centre. On being advised of the complaint, both respondents confirmed a willingness to participate in conciliation. The complaint was resolved with an agreement that the building management company would amend signage in its 78 shopping centres to say ‘Authorised dogs permitted’. The respondent cafe agreed to publish a written statement of regret in the local newspaper. |
Grounds |
Disability of person(s) aggrieved - direct Disability of person(s) aggrieved - indirect |
Areas |
Goods/services & facilities |
Terms Of Settlement |
Financial compensation |
Compensation |
$8,000 |
Complaint Summary |
The complainant advised that he is profoundly deaf, that he cannot speak or
lip-read and his first language is Auslan. The complainant said he was a patient
in the respondent hospital for 10 days and during his stay required an Auslan
interpreter for part of every day to ensure that there was no confusion in his
communications with medical staff. The complainant claimed that despite his
requests for an Auslan interpreter, no interpreter was provided. The respondent health service confirmed the complainant was a patient, that it was aware the complainant was deaf at the time of admission and that an Auslan interpreter was not used during the complainant's time in hospital. The health service advised that medical notes by nursing and allied health staff indicated they could communicate effectively with the complainant through written notes and other means. The complaint was resolved through a conciliation process with the respondent agreeing to pay the complainant $8,000 compensation. |
Grounds |
Disability - person assisted by trained animal Disability of person(s) aggrieved - indirect |
Areas |
Goods/services & facilities |
Terms Of Settlement |
Policy change/change in practice (external customers) |
Compensation |
|
Complaint Summary |
The complainant is blind and uses a guide dog. The complainant said when
she attempted to book a flight with the respondent airline, she was told she
could not travel because there was already one guide dog booked on the flight
and the airline has a policy of only one guide dog per flight. The airline confirmed that due to operational requirements, it has a limit on the number of passengers who can travel with service dogs on each flight. The airline denied discriminating against the complainant and claimed the limit on the number of service dogs was reasonable in the circumstances. The airline advised however, that its current policy on this issue was under review. The complaint was resolved with an agreement that the airline would amend the policy to increase the number of service dogs that could travel with passengers on a flight. The airline also agreed to update the relevant section of its internet web site to outline the assistance available to people with disabilities that travel with assistance dogs. |
Grounds |
Disability of person(s) aggrieved - indirect |
Areas |
Goods/services & facilities |
Terms Of Settlement |
Goods/services/facilities provided - physical modifications Good/services/facilities provided - other modifications Policy change/change in practice (external customers) |
Compensation |
|
Complaint Summary |
An organisation lodged the complaint on behalf of a number of its members
who are hearing impaired. The organisation said that this group of members
visited the respondent museum but could not access the facilities at the museum
in the same way as other members of the public. The allegations included that
they could not use public telephones in the museum, they could not access
audio-visual presentations or lectures in the theatre, and museum staff did not
demonstrate appropriate communication strategies to deal with people with
hearing disabilities. When advised of the complaint, the museum indicated a willingness to try to resolve the matter. The complaint was resolved though a conciliation process, with the respondent agreeing to implement a number of measures to improve accessibility at the museum for people who are hearing impaired. These measures included a review of communication access in relation to audio-visual displays, lectures and signage; installation of two public phones with variable volume control and an induction loop; provision of a portable TTY keyboard appliance that can be used in conjunction with the public payphones; installation of cash registers with outward facing displays; provision of information about disability access information on the museum's website and the introduction of staff training to assist service provision to customers who are hearing impaired. |
Grounds |
Associate - direct Associate - indirect Disability - use of appliance |
Areas |
Goods/services & facilities |
Terms Of Settlement |
Financial compensation |
Compensation |
$700 |
Complaint Summary |
The complainant's wife has a physical disability and uses a wheelchair. The
complainant claimed that the respondent airline initially declined to let him
and his wife board a flight as two other wheelchair passengers were on the
flight. The complainant said they were eventually allowed on the outbound flight
but had to reschedule their return flights because other wheelchair passengers
were also on that flight. The respondent airline said its policy allows for a maximum of two passengers who use wheelchairs on any flight. The airline said this policy enables it to reduce operational costs which results in savings for customers. The complaint was resolved by conciliation. Without admission of liability the respondent company agreed to pay the complainant $700 compensation for additional accommodation costs incurred because of the delayed return flight. |
Grounds |
Disability of person(s) aggrieved - direct |
Areas |
Goods/services & facilities |
Terms Of Settlement |
Apology - private Policy change/change in practice (external customers) |
Compensation |
|
Complaint Summary |
The complainant, who has a disability which effects his vision and balance,
was a customer at the respondent club. The complainant alleged that because of
his disabilities, he was accused of using drugs and pushed and pulled while
being questioned and checked for drugs. The complainant said he had to leave the
club. The respondent club said it was not aware the complainant had a disability. The club said the complainant was approached because other patrons claimed he appeared to have taken drugs. The complaint was resolved through a shuttle conciliation process with the club agreeing to provide the complainant with an apology and review its policy in relation to providing services to people with a disability. |
Grounds |
Disability of person(s) aggrieved - direct Disability of person(s) aggrieved - indirect |
Areas |
Goods/services & facilities |
Terms Of Settlement |
Club membership/benefits provided Apology - private |
Compensation |
|
Complaint Summary |
The complainant, who is deaf, claimed staff at the respondent club thought
he was drunk and refused him entry. The complainant alleged he was treated this
way because of his disability. On being advised of the complaint, the respondent club confirmed its willingness to participate in conciliation. The complaint was resolved with the club apologising to the complainant and providing him with complementary club membership. |
Grounds |
Disability of person(s) aggrieved - direct Disability of person(s) aggrieved - indirect |
Areas |
Goods/services & facilities |
Terms Of Settlement |
Goods/services/facilities provided Other - please specify |
Compensation |
|
Complaint Summary |
The complaint was lodged by a mother on behalf of her son who is blind and
has autism. The complainant said the respondent community organisation refused
to assist her son because of his disabilities. The respondent organisation said assistance and referrals were provided but the complainant's son was not accepted for direct services because at the time of his application, he did not have a formal diagnosis. The complaint was resolved with the organisation assisting the complainant to obtain a formal assessment for her son. On receipt of the assessment results, the respondent organisation accepted the complainant into its program. |
Grounds |
Disability of person(s) aggrieved - direct Disability of person(s) aggrieved - indirect |
Areas |
Goods/services & facilities |
Terms Of Settlement |
Goods/services/facilities provided Complainant satisfied with response/information provided/action taken |
Compensation |
|
Complaint Summary |
The complainant has a mobility disability and has been issued with a
disability parking permit. The complainant said there are two designated
accessible parking bays outside his apartment building. The complainant claimed
the respondent body corporate discriminated against him in that it did not
ensure that these parking bays were for the sole use of people with
disabilities. On being notified of the complaint, the body corporate advised that it had notified building security of the issue and directed it to take appropriate action to ensure the accessible parking bays were only available for people with disabilities. The complainant advised the Commission that the action taken by the body corporate satisfactorily resolved his complaint. |
Grounds |
Disability of person(s) aggrieved - direct Disability of person(s) aggrieved - indirect Disability - person assisted by trained animal |
Areas |
Goods/services & facilities |
Terms Of Settlement |
Policy change/change in practice (external customers) |
Compensation |
|
Complaint Summary |
The complainant has a disability and uses an assistance dog. The
complainant said the respondent airline advised her that she would be charged
extra in order to travel with her assistance dog. She alleged this constituted
unlawful disability discrimination. On being informed of the complaint, the respondent airline advised that it had changed its policy so that individuals who travel with an assistance animal will not be charged extra. The complainant advised the Commission that she was satisfied with the action taken by the airline. |
Grounds |
Disability of person(s) aggrieved - direct Disability of person(s) aggrieved - indirect Associate - direct Associate - indirect |
Areas |
Goods/services & facilities |
Terms Of Settlement |
Policy change/change in practice (external customers) Financial compensation |
Compensation |
Reimbursement of cost of flight |
Complaint Summary |
The complaint was lodged by a daughter on behalf of her mother who has a
vision impairment and a mobility disability. The complainant said she purchased
tickets with the respondent airline for herself and her mother. She said they
intended to travel separately on the return journey but the airline said that
because of her disabilities, her mother needed to be accompanied by an able
bodied companion. The complainant claimed they had to purchase an additional
fare and she alleged this constituted unlawful disability
discrimination. On being advised of the complaint, the respondent airline agreed to refund the cost of the additional airline ticket. The airline also agreed to change its policy so that passengers such as the complainant's mother, could be accommodated on similar future flights. |
Grounds |
Disability of person(s) aggrieved - indirect |
Areas |
Goods/services & facilities |
Terms Of Settlement |
Apology - private Other - please specify |
Compensation |
|
Complaint Summary |
The complainant has a hearing impairment. The complainant claimed that the
respondent subscription broadcaster advertised certain programs as being
captioned when in fact, they were broadcast without captions. The complainant
alleged that this constituted unlawful disability discrimination. The respondent acknowledged this had occurred and apologised for the inconvenience. The respondent said the error represented a very small percentage of the total hours of captioned broadcasts. The complaint was resolved with an agreement that the broadcaster would provide the complainant with a written apology and a six month complimentary service subscription. |
Grounds |
Disability of person(s) aggrieved - indirect |
Areas |
Goods/services & facilities |
Terms Of Settlement |
Goods/services/facilities provided - physical modifications |
Compensation |
|
Complaint Summary |
The complainant has a vision impairment. The complainant said he lives on a
busy street and has to cross a busy intersection to access public transport and
local facilities. The complainant claimed he cannot safely cross at the
intersection because the respondent council has not provided appropriate
facilities such as a pedestrian refuge. The respondent council said a pedestrian refuge had not been installed in the particular location as pedestrian volumes in the area were assessed as 'low'. The complaint was resolved with an agreement that the council would install a pedestrian refuge at the intersection. |
Grounds |
Disability of person(s) aggrieved - indirect |
Areas |
Goods/services & facilities |
Terms Of Settlement |
Apology - private Good/services/facilities provided - other modifications |
Compensation |
|
Complaint Summary |
The complainant, who is deaf, wanted to attend a session at a festival
being run by the respondent events company. The complainant said that while some
events would have Auslan interpreters, the event she wanted to attend did not
have interpreters and therefore she would need to pay for an interpreter
herself. The respondent said it had consulted various organisations regarding which events would require Auslan interpreters. The respondent claimed it would be cost prohibitive to provide interpreters for every event, particularly if it was a session with a small audience. The complaint was resolved with an agreement that the respondent company would provide the complainant with an apology and provide an Auslan interpreter for the specific event the complainant wished to attend. |
Grounds |
Disability of person(s) aggrieved - direct Disability of person(s) aggrieved - indirect |
Areas |
Goods/services & facilities Accommodation |
Terms Of Settlement |
Access to premises provided - physical modifications Complainant satisfied with response/information provided/action taken |
Compensation |
|
Complaint Summary |
A group of residents from a housing complex alleged they were being
discriminated against on the grounds of disability and age. They claimed they
could not safely access the housing complex as ramp access, tactile ground
surface indicators, handrails, continuous paths of travel and circulation
spaces, were not provided. On being notified of the complaint, the respondent department outlined the modifications and upgrades it intended to make over the next 12 months and also indicated its willingness to participate in conciliation and discuss the complainants' concerns. The complaint was resolved with an agreement that the department would provide the complainants with written confirmation of actions to be undertaken in the next 6 months. These actions included modifications to the entrance of the complex and installation of a ramp, and installation of hand rails in various locations within the complex. |
Grounds |
Disability of person(s) aggrieved - direct Disability of person(s) aggrieved - indirect |
Areas |
Goods/services & facilities |
Terms Of Settlement |
Financial compensation |
Compensation |
$8,000 |
Complaint Summary |
The complaint was lodged by a mother on behalf of her son who has albinism
and a vision impairment. The complainant said her son was accepted into a
student exchange program with the respondent service provider and his disability
had been disclosed in the application. The complainant said that when she
contacted the host family and school prior to her son's departure, she found out
they were unaware of her son's disability. The complainant said her son's
exchange program was then cancelled. The respondent said the exchange program was cancelled because the exchange country advised that the complainant's son's special needs could not be accommodated by the host family and host school. The parties agreed to participate in a conciliation conference and the complaint was resolved with the respondent agreeing to pay the complainant $8,000 in damages. |
Grounds |
Disability of person(s) aggrieved - indirect |
Areas |
Goods/services & facilities |
Terms Of Settlement |
Good/services/facilities provided - other modifications |
Compensation |
|
Complaint Summary |
The complainant, who is blind, said the respondent service provider does
not provide his bills in an accessible format. The complaint was resolved with an agreement that the company would provide the complainant's bills in Braille. |
Grounds |
Disability of person(s) aggrieved - indirect |
Areas |
Goods/services & facilities |
Terms Of Settlement |
Good/services/facilities provided - other modifications Financial compensation |
Compensation |
$285.60 |
Complaint Summary |
The complaint was from a husband and wife who are both hearing impaired.
The complainants stayed at the respondent hotel and asked for a room with a
tele-text or captioned television. The complainants claimed they were placed in
a room which did not have a television set with the required facilities. The respondent said captioned television was available at the time the complainants stayed at the hotel, but the captioning had not been activated. The complaint was resolved with the respondent hotel undertaking to ensure that all televisions had activated captioning. The hotel also agreed to partially refund the complainants' hotel costs. |
Grounds |
Disability - person assisted by trained animal Disability of person(s) aggrieved - direct Disability of person(s) aggrieved - indirect |
Areas |
Goods/services & facilities |
Terms Of Settlement |
Training - anti-discrimination / EEO staff training introduced Apology - private Financial compensation |
Compensation |
$150 |
Complaint Summary |
The complainant has a disability and uses an assistance dog. The
complainant claimed that a security guard prevented her from entering the
respondent shop because she was accompanied by her assistance animal. The respondent company confirmed this had occurred and said that on receipt of the complaint, it had provided anti-discrimination training to all staff. The company also agreed to provide the complainant with a written apology and $150 compensation. |
Grounds |
Disability of person(s) aggrieved - direct Disability of person(s) aggrieved - indirect |
Areas |
Goods/services & facilities |
Terms Of Settlement |
Policy change/change in practice (external customers) |
Compensation |
|
Complaint Summary |
The complainant, who is deaf, claimed that the respondent television
channel did not provide an option for electronic complaints through its media
website. The complaint was resolved when the respondent advised it could now receive electronic complaints. |
Grounds |
Disability of person(s) aggrieved - direct Disability of person(s) aggrieved - indirect |
Areas |
Goods/services & facilities |
Terms Of Settlement |
Apology - private Training - anti-discrimination/EEO staff training introduced Policy change/change in practice (external customers) |
Compensation |
|
Complaint Summary |
The complainant said he has Meniere's disease with associated mobility
problems and intermittent speech failure and uses either a walking frame or a
wheelchair to assist his mobility. He said he attempted to catch a bus operated
by the respondent company but the low floor ramp of the bus was not activated
for him. He claimed that due his disability, he was unable to ask the bus driver
to activate the ramp. The respondent company acknowledged that its current procedures say the low floor ramp is activated on request. The company said it was in the process of reviewing its procedures. The complaint was resolved with an agreement that the company would provide the complainant with an apology and agree to run disability awareness training for staff. The company also agreed to place information on its website advising customers about how to lodge a complaint and/or provide service feedback. |
Grounds |
Disability of person(s) aggrieved - indirect |
Areas |
Goods/services & facilities Access to premises |
Terms Of Settlement |
Access to premises provided - physical
modifications Training - anti-discrimination/EEO staff training introduced |
Compensation |
|
Complaint Summary |
The complainant, who has cerebral palsy and uses a wheelchair, said his
local council office was not accessible to him and others who use wheelchairs.
He claimed that to access the public gallery he had to get out of his wheelchair
and drag himself along a rail, that the front ramp entrance led to a locked door
and there were no accessible toilets. The complaint was resolved with the council agreeing to carry out building modifications to ensure accessibility for people in wheelchairs. This included installation of signage to direct people to an accessible entrance, lowering the intercom for after-hours access, allocation of wheelchair seating in the public gallery and provision of accessible toilet facilities. The council also agreed to provide disability awareness information to staff and include this information in all new staff inductions. |
Grounds |
Associate - direct Associate - indirect |
Areas |
Goods/services & facilities |
Terms Of Settlement |
Policy change/change in practice (external customers) Training - named individual(s) to undertake anti-discrimination/EEO training |
Compensation |
|
Complaint Summary |
The complaint was lodged by a grandmother on behalf of her grandson who has
an intellectual disability. The complainant's grandson was arrested by police.
She claimed that while her grandson was in police custody she was unable to
provide him with his medication and he was not able to get assistance from his
case officer. The respondent police service said that the complainant's grandson was recognised as a person with a disability and in accordance with their policy, was allowed to have his grandmother accompany him while in custody. The service said that in accordance with its policy, medication must be administered by a medical practitioner and the complainant did not provide contact details for a doctor. The service said it was not considered necessary for the case officer to attend as the complainant's grandson was only in custody for a short period. The parties agreed to resolve the complaint on the basis that the police service would review its policy regarding administering medication to people in custody and arrange for relevant police officers to undertake disability awareness training. |
Grounds |
Disability of person(s) aggrieved - indirect Associate - direct Associate - indirect |
Areas |
Goods/services & facilities |
Terms Of Settlement |
Goods/services/facilities - revised terms and conditions Policy change/change in practice (external customers) |
Compensation |
|
Complaint Summary |
The complaint was lodged on behalf of a group of people with disabilities
who require full-time assistance of a carer or support worker. The complaint
said that in previous years, carers and support workers accompanying people with
disabilities to the local agricultural show were able to attend for free.
However this year, carers and support workers were charged to enter and this
meant that these people with disabilities were effectively charged twice as
much. On being advised of the complaint, the respondent organisation indicated a willingness to resolve the matter through conciliation. The complaint was resolved when the organisation advised it had become affiliated with the Companion Card Program which meant people with a disability could attend the show with a carer and not incur any additional cost. The organisation also agreed to publicise this affiliation and the policy change in regional publications and on its website. |
Grounds |
Disability of person(s) aggrieved - direct Disability of person(s) aggrieved - indirect |
Areas |
Goods/services & facilities |
Terms Of Settlement |
Policy change/change in practice (external customers) Complainant satisfied with response/information provided/action taken |
Compensation |
|
Complaint Summary |
The complainant advised that she has Tourette's Syndrome which means she
has involuntary vocal tics. The complainant said that because of these tics, she
was asked to leave the respondent retail store. The retail company said that since this incident they have developed policies to respond more effectively to the issue. The complainant subsequently advised the Commission that the issue had been resolved. |
Grounds |
Disability of person(s) aggrieved - indirect Disability of person(s) aggrieved - indirect Associate - direct Associate - indirect |
Areas |
Goods/services & facilities |
Terms Of Settlement |
Financial compensation |
Compensation |
$1,000 |
Complaint Summary |
The complainant has Scleroderma which results in disfiguring scarring and
white patches on her skin. The complainant alleged that the respondent shopping
centre and security company accused her and her daughter of stealing because of
her disability. The respondents said the complainant did not have a receipt for the goods in her possession. The respondents however agreed that there was a temporary stall set up at the shopping centre which did not issue receipts and this is where the complainant claimed she purchased her goods from. The complaint was resolved with the respondent security company agreeing to pay $1,000 compensation. |
Grounds |
Disability of person(s) aggrieved - direct Disability of person(s) aggrieved - indirect |
Areas |
Goods/services & facilities Clubs/incorporated associations |
Terms Of Settlement |
Good/services/facilities provided - other modifications |
Compensation |
|
Complaint Summary |
The complainant has a disability and uses a wheelchair. The complainant
said the respondent association would not allow members who use wheelchairs to
participate in a ceremony which included a parade. On being advised of the complaint, the respondent association said it was developing a plan to enable members who use wheelchairs to participate in the parade. The complaint was resolved with an agreement that members who use wheelchairs can participate in the parade if they are accompanied by a competent carer. |
Grounds |
Disability of person(s) aggrieved - direct Disability of person(s) aggrieved - indirect |
Areas |
Goods/services & facilities |
Terms Of Settlement |
Good/services/facilities provided - other modifications Apology - private |
Compensation |
|
Complaint Summary |
The complainant has a vision impairment. She said a television
advertisement for a product was not accessible to her because there was no audio
to accompany the visual images. The complaint resolved when the company responsible for the advertisement apologised and made a commitment to ensure that all future television advertisements will carry audio to accompany the visual images. |
Grounds |
Disability of person(s) aggrieved - direct Disability of person(s) aggrieved - indirect |
Areas |
Goods/services & facilities |
Terms Of Settlement |
Financial compensation |
Compensation |
Cost of two return domestic airfares |
Complaint Summary |
The complainant, who uses a wheelchair, booked a flight with the respondent
airline for herself and her husband. The complainant said that when they arrived
at the check in counter, they were told the she could not fly with her husband
as there were already two passengers on the flight who required assistance. The
complainant said she was left to find another available flight and was delayed
for 5.5 hours. The respondent company denied disability discrimination. The company said they can only accommodate up to two passengers with wheelchairs on each flight. The complaint was resolved with an agreement that the company would provide the complainant with two return tickets for herself and her husband to use between two specific cities within the next 12 months. |
Grounds |
Disability of person(s) aggrieved - direct Disability of person(s) aggrieved - indirect |
Areas |
Goods/services & facilities |
Terms Of Settlement |
Good/services/facilities provided - other modifications |
Compensation |
|
Complaint Summary |
The complainant advised he is deaf and said he is unable to access videos
on the respondent television station's internet page as they are not captioned. The respondent said it is committed to providing captioning but there are technical reasons why the internet videos are not captioned at this time. The complaint was resolved with an agreement that the respondent would ensure that specified content was captioned, within technical constraints, to the same degree as television broadcasts. The respondent also agreed that where it was not possible to caption an internet video that was captioned when shown on television, they would endeavour to provide a link to a transcript. |
Grounds |
Disability of person(s) aggrieved - direct Disability of person(s) aggrieved - indirect Disability - person assisted by trained animal |
Areas |
Goods/services & facilities |
Terms Of Settlement |
Apology - private Training - named individual(s) to undertake anti-discrimination/EEO training Other - please specify |
Compensation |
|
Complaint Summary |
The complainant, who is blind, claimed that when shopping at the respondent
store with her guide dog, an employee said her dog was not permitted in the
store. The complaint was resolved with an agreement that the store would counsel relevant staff and, if necessary, provide training to them. In addition, it was agreed that a guide dog organisation would visit the store and talk with staff and a donation box for the guide dog organisation would be placed in the store. |
Grounds |
Disability of person(s) aggrieved - direct Disability of person(s) aggrieved - indirect Associate - direct Associate - indirect Disability - person assisted by trained animal |
Areas |
Goods/services & facilities |
Terms Of Settlement |
Statement of regret - private Training - anti-discrimination/EEO staff training introduced Policy change/change in practice (external customers) Financial compensation |
Compensation |
$1,000 |
Complaint Summary |
The complaint was lodged by two complainants; one claiming discrimination
on the basis of their disability and the other claiming discrimination as an
associate of a person with a disability. One of the complainants has a vision
impairment and uses an assistance dog. The complainants said that when they
contacted the respondent motel to book accommodation and advised that they were
travelling with an assistance animal, the hotel said the dog could not enter the
room. The complainants claim they were forced to find alternative accommodation
at short notice. The respondent hotel agreed to discuss possible resolution of the complaint, prior to providing a formal written response. The complaint was resolved with an agreement that the respondent would: undertake training from a relevant guide dog association; include information about the acceptance of service dogs on its website and written information, display a sign indicating that guide dogs are welcome; provide the complainants with a statement of regret and pay the complainants $1,000 compensation. |
Superannuation/insurance
Grounds |
Disability of person(s) aggrieved - direct Disability of person(s) aggrieved - indirect |
Areas |
Superannuation/insurance |
Terms Of Settlement |
Financial compensation |
Compensation |
$500 |
Complaint Summary |
The complainant applied for travel insurance with the respondent insurance
provider. The complainant said he had a history of stomach ulcers and claimed
his application for insurance was accepted but with an exclusion on the
pre-existing condition of 'stomach ulcers'. The complainant said this was a past
medical condition which he no longer had and therefore it should not have been
taken into consideration. The complainant subsequently took out a policy with an
different provider. On being advised of the complaint the respondent indicated its willingness to try to settle the matter. The complaint was settled with the respondent agreeing to pay the complainant $500 in compensation. |
