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SEX DISCRIMINATION ACT 1984

For complaints conciliated and finalised in the period of Jan - June 2010

Areas by:

Education

Grounds

Sex discrimination -direct

Sex discrimination -indirect

Areas
Education
Terms Of Settlement
Education -adjustment provided -other Policy change/change in practice (internal staff)
Compensation

Complaint Summary
The complainant alleged she was unable to sit an exam at the respondent university as the university would not accommodate her request to breastfeed during her exam. On being advised of the complaint, the respondent university indicated a willingness to resolve the matter through conciliation. The complaint was resolved with an agreement that the university would create a parenting room on campus, review its breastfeeding policy, publish material about its breastfeeding policy on its website and in hardcopy and review its examination policy to address the issue raised by the complainant.

 

Employment

Grounds
Sexual Harassment
Areas
Employment
Terms of Settlement
Financial compensation
Compensation

$70,000

Complaint Summary

The complainant was employed on a contract basis, providing event services to the respondent entertainment company. The complainant claimed that her supervisor at the company sexually harassed her on a number of occasions. Her allegations included that he hugged her, made offensive sexual remarks to her and also tried to force her to perform oral sex. The complainant said she resigned from her employment because of this behaviour and found work in a different field.

On being advised of the complaint, the company agreed to participate in conciliation.

The complaint was resolved with an agreement that the company would pay the complainant $70,000 which represented compensation for hurt and embarrassment and reimbursement of counselling costs.

 

Grounds
Sex discrimination - indirect
Family responsibility (dismissal only)
Areas
Employment
Terms of Settlement
Apology - private
Financial compensation
Compensation
Complaint Summary

The complainant was employed on a contract basis with a community based organisation. The complainant said she took leave from work because she was depressed and also to care for her child who has scoliosis. She claimed that when she sought to return to work, she was told that no work was available even though she was aware that the organisation's had recently advertised position in the newspaper.

The respondent organisation denied discrimination and said the complainant had not clearly indicated the reasons for her leave.

The complaint was resolved at a conciliation conference with an agreement that the organisation would provide the complainant with an apology and $16,000 compensation.

 

Grounds
Sexual Harassment
Areas
Employment
Terms of Settlement
Financial compensation
Compensation

$2,000

Complaint Summary

The complainant claimed that during his four months employment with the respondent company, he was sexually harassed by a co-workers in that they suggested his wife was, or could be a sex worker and requested that his wife perform sexual favours.

The individual respondents denied the allegations of sexual harassment.

The matter was resolved through a conciliation process with an agreement that the company would pay the complainant $2,000 general damages.

 

Grounds
Pregnancy - direct
Areas
Employment
Terms of Settlement
Financial compensation
Compensation

$2,000

Complaint Summary

The complainant said that during her work with the respondent small business, she experienced pregnancy related illnesses including gestational diabetes. She claimed that despite medical certification recommending morning shifts, the respondent did not accommodate her pregnancy and decreased her rostered hours. The complainant also claimed she was not paid correctly and was subjected to negative comments regarding her pregnancy.

The respondent said it was not able to accommodate the complainant's preferred hours of work.

The complaint was resolved with an agreement that the respondent would pay the complainant $2,000 compensation.

 

Grounds
Pregnancy - direct
Pregnancy - indirect
Areas
Employment
Terms of Settlement
Financial compensation
Compensation

$8,000

Complaint Summary

The complainant said she applied for a position as area manager with small commercial cleaning company and was offered an interview. The complainant claimed that she was told she would not be appointed to the position because she was pregnant and was offered an alternative position at lower pay and assured she would be offered an area manager position when she returned from maternity leave. The complainant claimed that when she attempted to return to work after three months maternity leave she was advised that the area manager position was no longer available and she was subsequently dismissed because of poor performance.

The company said the complainant was initially not offered the area manager position because it was too physically demanding for a pregnant employee. The company confirmed that the other events occurred but denied pregnancy discrimination.

The complaint was resolved through conciliation with an agreement that the company would pay the complainant $8,000 financial compensation.

 

Grounds
Sex discrimination - direct
Marital status - direct
Sexual Harassment
Victimisation
Areas
Employment
Terms of Settlement
Financial compensation
Reference/Statement of Service provided
Compensation

$51,250

Complaint Summary

The complainant alleged that during her employment with a car dealership, she was sexually harassed and treated less favourably because of her sex. She claimed that her boss and co-workers regularly made offensive sexual comments and derogatory comments about women. The complainant said her employment was terminated after she lodged an internal complaint about the way her boss treated her.

The employer strongly denied the allegations and initially refused to participate in conciliation. After some discussion, the company agreed to attend a conciliation conference but the matter did not resolve on the day. After the conference, the Commission continued a period of shuttle negotiation between the parties. The complaint was resolved with an agreement that the company would pay the complainant $51,250 compensation and provide her with a statement of service.

 

Grounds
Pregnancy - direct
Areas
Employment
Terms of Settlement
Financial compensation
Reference/Statement of Service provided
Compensation

$22,000

Complaint Summary

The complainant was employed with the respondent insurance company. The complainant said her position was made redundant and she was offered either retrenchment or redeployment. The complainant said she elected redeployment and applied for a position as a Customer Service Officer. The complainant said her application was unsuccessful and she alleged this was because she was pregnant.

On being advised of the complaint, the respondent agreed to participate in conciliation.

The complaint was resolved with an agreement that the respondent would pay the complainant $22,000 compensation, in addition to her work-related entitlements, and a provide her with a reference.

 

Grounds
Pregnancy - direct
Victimisation
Areas
Employment
Terms of Settlement
Financial compensation
Reference/Statement of Service provided
Compensation

$15,000

Complaint Summary

The complainant, who was employed with a large manufacturing company, claimed she was bullied and harassed after she advised her employer of her pregnancy and took periods of related sick leave. She also claimed she was victimised in that after she raised complaints about unfair treatment, her employment was terminated.

The respondent company denied he allegations and said the complainant's employment was terminated because of misconduct.

The complaint was resolved at conciliation with an agreement that the company would provide the complainant with $15,000 compensation and a written and verbal reference.

 

Grounds
Sex discrimination - direct
Pregnancy - direct
Sex discrimination - indirect
Pregnancy - indirect
Areas
Employment
Terms of Settlement
Financial compensation
Compensation

$9,000

Complaint Summary

The complainant, who was employed with the respondent not-for-profit organisation, claimed she was discriminated against on the basis of her sex and/or pregnancy in that performance issues were raised with her at a time when she was vulnerable after complications with her pregnancy.

The respondent agreed issues were raised about the complainant's performance but denied this constituted sex and/or pregnancy discrimination.

The complaint was resolved at conciliation with an agreement that the respondent would pay the complainant $9,000 financial compensation.

 

Grounds
Sexual Harassment
Victimisation
Areas
Employment
Terms of Settlement
Financial compensation
Compensation

$12,000

Complaint Summary

The complainant alleged that during his part time employment with the respondent community organisation, he was sexually harassed by a female colleague. He claimed that the colleague talked about sex and breasts, described men in a derogatory manner and suggested he was having a relationship with another colleague. He said that when he complained to his employer, his employment was terminated.

The individual respondent denied that her actions amounted to sexual harassment and the organisation said the complainant's employment was terminated because of poor performance.

The complaint was resolved through a conciliation process when the respondents agreed to jointly provide the complainant with financial compensation in the sum of $12,000.

 

Grounds
Sex discrimination - direct
Sex discrimination - indirect
Family responsibility (dismissal only)
Areas
Employment
Terms of Settlement
Apology - private
Financial compensation
Compensation

$14,000

Complaint Summary

The complainant was employed in customer service role with a small service provider. She claimed she was discriminated against on the basis of her sex and pregnancy in that her employer would not accommodate her request for part-time work on her return from maternity leave.

The respondent said the request for part-time work was refused because there would be an adverse effect on the business if the complaint only worked part-time.

The complaint was resolved at conciliation with an agreement that the respondent company would provide the complainant with a written apology and financial compensation in the sum of $14,000.

 

Grounds
Sex discrimination - direct
Sex discrimination - indirect
Family responsibility (dismissal only)
Areas
Employment
Terms of Settlement
Policy - anti-discrimination/EEO policy developed
Financial compensation
Compensation

$10,000

Complaint Summary

The complainant, who was employed with a media company, claimed she was discriminated against because of her sex when she attempted to return to work part time after a period of maternity leave. She alleged that her employer said she could only return full time, and because of this she was forced to resign.

On being advised of the complaint the company agreed to participate in a conciliation process.

The complaint resolved with an agreement that the respondent would provide the complainant with $10,000 compensation. The respondent also provided the complainant with information about a newly implemented flexible work policy.

 

Grounds
Sex discrimination - direct
Sexual Harassment
Areas
Employment
Terms of Settlement
Financial compensation
Apology - private
Reference/Statement of Service provided
Compensation

$20,000

Complaint Summary

The complainant, who is of Chinese origin, claimed that she was sexually harassed and racially discriminated against by a colleague during her employment. She claimed that the colleague touched her and made sexual gestures towards her. She also said she was targeted because she did not speak English as well as other staff and was subjected to comments because of her race and ethnic origin. The complainant claimed her employment was terminated.

The respondent company agreed to participate in conciliation.

The complaint was resolved with an agreement that the company would pay the complaint $20,000 and provide her with a Statement of Service and an apology.

 

Grounds
Sexual Harassment
Areas
Employment
Terms of Settlement
Complainant satisfied with response/information provided/action taken
Compensation
Complaint Summary

The complainant said she applied for part time work with a large supermarket chain and the manager advised her he would let her know if/when work was available. She claimed the manager subsequently called her and invited her to lunch and at lunch, asked her if she had a boyfriend and touched her thigh.

The individual respondent denied the allegations.

The complainant said that she considered the action of the Commission in notifying the respondent and increasing his awareness of sexual harassment legislation, was a satisfactory outcome to her complaint.

 

Grounds
Pregnancy - direct
Pregnancy - indirect
Areas
Employment
Terms of Settlement
Financial compensation
Compensation

$1,400

Complaint Summary

The complainant worked for the respondent hairdressing salon as a senior hairdresser. She said she asked to swap shifts so she could attend a doctor's appointment related to her pregnancy. She claimed she raised concerns about her request being refused and after that she was told not to come in and that she would be contacted if they needed her. The complainant said her employment was subsequently terminated.

The respondent denied the allegations and said the complainant's employment was not terminated because of her pregnancy.

The parties agreed to resolve the complaint on the basis that the complainant be paid $1,400 general damages.

 

Grounds
Sexual Harassment
Victimisation
Areas
Employment
Terms of Settlement
Financial compensation
Reference/Statement of Service provided
Training - named individual(s) to undertake anti-discrimination/EEO training
Compensation

$50,000

Complaint Summary

The complainant said that during her employment with the respondent social services agency, she was sexually harassed by her manager by actions including asking her to come to his room, asking her for cuddles and sending her inappropriate text messages and phone calls. The complainant said she complained about this and was subsequently subjected to disciplinary action.

On being advised of the complaint, the respondent employer agreed to try and resolve this matter though conciliation.

The complaint was resolved with an agreement that the respondent would pay the complainant $50,000 compensation for hurt and embarrassment. The respondent also agreed to provide the complainant with a statement of service and ensure the individual respondent undergoes anti-discrimination training.

 

Grounds
Pregnancy - direct
Pregnancy - indirect
Areas
Employment
Terms of Settlement
Financial compensation
Reference/Statement of Service provided
Statement of regret - private
Compensation

$12,500

Complaint Summary

The complainant, who was employed with the respondent retail company as a manager, said she advised her supervisor that she was pregnant and was subsequently advised that her position would not be kept open for her. She claimed that shortly after this she was issued with two written warnings about her performance and was demoted. The complainant said she also injured her knee at work and after this was dismissed. The complainant claimed she was dismissed because of her pregnancy and her work injury.

The company denied the allegation and said the complainant was dismissed for failing to follow company policy and procedures after previously receiving warnings regarding this.

The complaint was resolved on the basis that the respondent pay the complainant $12,500 compensation and provide her with a statement of service and a statement of regret.

 

Grounds
Sex discrimination - direct
Sex discrimination - indirect
Family responsibility (dismissal only)
Areas
Employment
Terms of Settlement
Financial compensation
Reference/Statement of Service provided
Compensation

$8,000

Complaint Summary

The complainant was employed by an organisation that provided aged care services. She claimed that when she attempted to return to work part-time after a period of maternity leave, she was told that her position had been made redundant.

The respondent claimed that the complainant was made redundant for genuine operational reasons.

The complaint was resolved at conciliation with an agreement that the respondent would provide the complainant with a written reference and $8,000 compensation.

 

Grounds
Sexual Harassment
Areas
Employment
Terms of Settlement
Financial compensation
Compensation

$17,000

Complaint Summary

The complainant claimed she was sexually harassed by a co-worker during her employment as a case worker with a non-for-profit organisation. The alleged behaviour included the co-worker touching her and asking her on dates.

The respondent organisation said it investigated the complainant's concerns and spoke to the individual respondent.

The complaint was resolved at conciliation with an agreement that the organisation would pay the complainant $17,000 compensation.

 

Grounds
Sexual Harassment
Areas
Employment
Terms of Settlement
Financial compensation
Reference/Statement of Service provided
Compensation

>$7,000

Complaint Summary

The complainant alleged he was sexually harassed by a male co-worker who hugged him and told him he loved him and wanted to molest him. The complainant said that after rejecting these advances, the co-worker bullied him and encouraged other staff to pick on him. The complainant also alleged that he was picked on and ostracised in the workplace because he has Obsessive Compulsive Disorder traits. The complainant said he lodged an internal grievance but resigned as he was unhappy with how the matter was dealt with.

On being advised of the complaint, the respondent indicated a willingness to resolve the matter through conciliation.

The complaint was resolved with an agreement that the company would pay the complainant $7,000 compensation and provide him with a statement of service.

 

Grounds
Pregnancy - direct
Pregnancy - indirect
Areas
Employment
Terms of Settlement
Employment - revised terms and conditions
Compensation
Complaint Summary

The complainant claimed that her shifts as a gaming attendant with the respondent hotel were reduced because of her pregnancy

On being advised of the complaint the hotel indicated a willingness to resolve the matter through conciliation.

The complaint was resolved with an agreement that the complainant's usual hours of work per week would be reinstated.

 

Grounds
Pregnancy - indirect
Areas
Employment
Terms of Settlement
Apology - private
Employment - adjustment provided - other
Compensation
Complaint Summary

The complainant advised that she was 8 months pregnant and employed in a customer service role with the respondent fast food company. The complainant said she had a sore back and morning sickness associated with her pregnancy and had a medical certificate saying she should not stand for long periods. She claimed that she could do her job if she was provided with a chair so she could sit down occasionally, but the store manager refused to accommodate her request.

On being advised of the complaint, the respondent company indicated a willingness to try and resolve the matter.

The complaint was resolved within one day of the company being contacted by the Commission. The company agreed to provide the complainant with a chair to accommodate her pregnancy and also agreed to provide her with an apology.

 

Grounds
Sexual Harassment
Areas
Employment
Terms of Settlement
Financial compensation
Apology - private
Reference/Statement of Service provided
Compensation

$8,500

Complaint Summary

The complainant alleged he was sexual harassed in his employment by a female co-worker who sent him sexually explicit text messages and pornographic emails. The complainant claimed that after he made a complaint about his co-worker's conduct, other staff members isolated him in the workplace and his employment was terminated as it was claimed that he had sent pornographic emails in breach of the respondent's internet policy.

On being advised of the complaint, the respondent indicated a willingness to try to resolve the matter through conciliation.

The complaint was resolved with an agreement that the respondent would provide the complainant with a written letter of apology, a statement of service and pay him $8,500 financial compensation.

 

Grounds
Sex discrimination - direct
Pregnancy - direct
Pregnancy - indirect
Areas
Employment
Terms of Settlement
Financial compensation
Compensation

$15,000

Complaint Summary

The complainant commenced work with the respondent health service as a trainee nurse and paid $12,000 in tuition fees. The complainant said that two months later, she discovered she was pregnant and told her employer immediately. The complainant said she took 8 days off work in the following months due to serious pregnancy complications. She alleged that her employer threatened to dismiss her and so she had no choice but to resign.

On being advised of the complaint, the respondent health service indicated a willingness to try to resolve the matter through conciliation.

The complaint was resolved with an agreement that the respondent would pay the complainant $15,000 general damages.

 

Grounds
Sex discrimination - indirect
Sex discrimination - direct
Areas
Employment
Terms of Settlement
Financial compensation
Employment - revised terms and conditions
Compensation

$1,000

Complaint Summary

The complainant who worked as a guard with a correctional facility, claimed that her sick leave was over scrutinized by her employer. She said that in a meeting where she was required to account for her leave, she disclosed that she had depression, had been caring for sick children and had other personal problems. The complainant claimed her employer questioned her honesty, issued her with a warning, suspended her pending a formal investigation and declined to pay some of her sick leave entitlements.

The respondent denied discrimination. The employer advised it was conducting an audit of staff with excessive absences and believed the complainant's explanations were inconsistent when she was asked to account for the leave.

The complaint was resolved with an agreement that the employer would lift the suspension, pay the complainant her outstanding sick leave entitlements and also pay her $1,000 for loss of overtime during her suspension.

 

Grounds
Sex discrimination - indirect
Sex discrimination - direct
Pregnancy - direct
Pregnancy - indirect
Areas
Employment
Terms of Settlement
Financial compensation
Policy - anti-discrimination/EEO policy reviewed/revised
Reference/Statement of Service provided
Compensation

$11,583

Complaint Summary

The complainant had been employed as a teacher with the respondent private educational institution for several years. The complainant had taken a period of maternity leave and on her return, requested part time work for a specific period. The complainant claimed that when she requested to return to her original full time position, she was told it no longer existed. The complainant also said that after returning from maternity leave she was placed in a staff room away from her faculty colleagues and was not kept informed of relevant meetings and decisions.

The respondent institution said the complainant's request to return to full time work could not be accommodated because of a drop in enrolment numbers and changes in teaching arrangements. The institution said the complainant received appropriate email notifications and was moved into a different staff room to avoid her having to move again the following term.

The complaint was resolved with the complainant agreeing to accept a redundancy payment. The institution also agreed to provide the complainant with a work reference and revise its procedures in relation to maternity leave to address the issues raised in the complaint.

 

Grounds
Sexual Harassment
Areas
Employment
Terms of Settlement
Statement of regret - private
Financial compensation
Compensation

$4,000

Complaint Summary

The complainant alleged she was sexually harassed by four male co-workers during the course of her employment with the respondent company. The alleged acts of the co-workers included kissing her, touching her, trying to take her clothes off and pressuring her for sex. The complainant said she complained to management about the behaviours and felt forced to resign.

The company confirmed that the complainant had raised some of these issues during her employment. The company said the incidents were investigated and appropriate action was taken which included providing the complainant with the option of transferring to an alternative site. The company said the complainant voluntarily resigned.

The complaint was resolved with an agreement that the company would provide the complainant with a statement of regret and pay her $4,000 compensation.

 

Grounds
Sex discrimination - direct
Pregnancy - direct
Areas
Employment
Terms of Settlement
Financial compensation
Compensation

$36,000

Complaint Summary

The complainant was employed as an engineer with the respondent IT company. The complainant claimed that after she told her employer that she was pregnant, her position was made redundant.

The respondent company said that the redundancy was genuine and that several other positions became redundant at the same time.

The complaint was resolved with the company agreeing to provide the complainant with financial compensation in the sum of $36,000.

 

Grounds
Pregnancy - direct
Pregnancy - indirect
Areas
Employment
Terms of Settlement
Financial compensation
Compensation

$1,625 Approx.

Complaint Summary

The complainant was employed with the respondent hotel on a casual basis. She alleged that when she returned to work after a period of leave in January 2009, she was told that she was not allowed to work any more shifts because she was 6 months pregnant.

The hotel confirmed that it finalised the complainant's employment but claimed this was for performance reasons.

The complaint was resolved with an agreement that the respondent would pay the complainant financial compensation equivalent to 8 weeks wages.

 

Grounds
Sexual Harassment
Victimisation
Areas
Employment
Terms of Settlement
Financial compensation
Compensation

$4,650

Complaint Summary

The complainant was employed with the respondent company and on probation. She alleged that at a workplace function a partner from the company sexually harassed her by asking her how far up her body her tights went and by telling her she was beautiful. She claimed that she raised this issue with the human resources manager and prior to the expiration of her probation, she was advised there was no more work for her.

The respondent company confirmed that the partner had made the first alleged comment but said this was not intended to harass the complainant. The company said the complainant's employment was finalised due to a reduction of suitable work.

The complaint was resolved with an agreement that the company would pay the complainant $4,650 which represented compensation for loss of wages and reimbursement of costs for counselling sessions the complainant had undertaken.

 

Grounds
Sex discrimination - direct
Sexual Harassment
Areas
Employment
Terms of Settlement
Financial compensation
Compensation

$40,000

Complaint Summary

The complainant, who worked as an administrative assistant for a legal firm, alleged that a partner of the firm sexually harassed her. The complainant's allegations included that the partner: told her he had dreamt about having sex with her; said he wanted her to bear his children; sent her inappropriate out of hours text messages and told her about other women and staff he had sex with. The complainant claimed that her employment was terminated after she rejected the partner's offer of a hotel room at the conclusion of a work function.

The respondents denied sexual harassment and advised that the complainant's employment was terminated because of her behaviour.

The matter was resolved in conciliation with an agreement that the respondents would pay the complainant $40,000 financial compensation.

 

Grounds
Sex discrimination - indirect
Pregnancy - direct
Family responsibility (dismissal only)
Areas
Employment
Terms of Settlement
Financial compensation
Reference/Statement of Service provided
Compensation

$5,700 Approx.

Complaint Summary

The complainant was employed as a customer service officer with the respondent telecommunications company. The complainant claimed the company required her to work a rotating roster rather than a fixed roster upon her return from maternity leave. The complainant said she resigned from her employment because without a fixed roster, she could not arrange childcare for her children.

The company denied discrimination and said that it had proposed a review of the complainant's fixed roster arrangements three months after her return to work.

The complaint was resolved with an agreement that the company would pay the complainant approx. $5,700 for lost income. The company also agreed to provide the complainant with a positive written reference.

 

Grounds
Sex discrimination - indirect
Family responsibility (dismissal only)
Areas
Employment
Terms of Settlement
Financial compensation
Compensation

$11,235

Complaint Summary

The complainant was employed with the respondent financial institution on a part-time basis. The complainant said she had exhausted her statutory entitlement to 12 months parental leave but required a further period of leave as she was unable to secure child care. The complainant said she was approved a further 6 months leave without pay but when she sought to return to the workplace, was told that she was deemed to have relinquished her position.

In its written response to the complaint, the employer said its policy did not discriminate against women or people with family responsibilities. The employer said the complainant's position had been filled during her absence and while it had made all reasonable efforts to provide her with alternative part-time work, no positions were available.

The complaint was resolved with an agreement that the respondent would pay the complainant $11,235 compensation for lost income.

 

Grounds
Sex discrimination - indirect
Pregnancy - direct
Areas
Employment
Terms of Settlement
Reference/Statement of Service provided
Financial compensation
Compensation

$35,000

Complaint Summary

The complainant was employed as a designer with the respondent company. The complainant alleged her position was made redundant while she was on maternity leave.

The company denied that the complainant's pregnancy was a factor in selecting her position for redundancy. The company said it had lost a considerable portion of its business while the complainant was on maternity leave and three other positions were also made redundant in the same period.

The complaint was resolved with an agreement that the company would pay the complainant $35,000 compensation and provide her with a positive work reference.

 

Grounds
Sexual Harassment
Areas
Employment
Terms of Settlement
Financial compensation
Compensation

$4,000

Complaint Summary

The complainant was employed as a packer with the respondent retail company. The complainant alleged she was sexually harassed by her manager by actions including sending her inappropriate text messages and a pornographic video and making comments of a sexual nature. The complainant said she resigned from her employment because of the alleged harassment.

The respondent agreed to participate in conciliation upon being advised of the complaint.

The complaint was resolved with an agreement that the company would pay the complainant $4,000 compensation.

 

Grounds
Sexual Harassment
Areas
Employment
Terms of Settlement
Financial compensation
Compensation

$5,000

Complaint Summary

The complainant, who was employed by the respondent service station, claimed she was sexually harassed by a manager. The alleged actions of the manager included stroking her arm and face, trying to cuddle her and asking to kiss and touch her. The complainant said she reported the incidents to another manager and left her employment because of the behaviour.

The individual respondent denied the allegations. The respondent company said that once aware of the allegations, they moved the individual respondent to another store and invited the complainant to return to her position. However, the complainant declined the offer.

The complaint was resolved with an agreement that each respondent would pay the complainant $2,500 compensation.

 

Grounds
Sexual Harassment
Areas
Employment
Terms of Settlement
Financial compensation
Training - anti-discrimination/EEO staff training introduced
Reference/Statement of Service provided
Compensation

$5,000

Complaint Summary

The complainant alleged that her supervisor at the company where she worked sexually harassed her. She claimed he asked her to have sex with him on more than one occasion, sent her explicit sexual text messages late at night and tried to touch and cuddle her at the company's Christmas function.

The respondent company advised that the complainant had a consensual relationship with her supervisor and therefore denied that the alleged conduct constitutes sexual harassment.

The complainant did not wish to continue work with the company. The complaint was resolved with an agreement that the company would pay the complainant $5,000 compensation and provide her with a written reference and a statement of service. The company also agreed to provide relevant EEO and harassment training to all staff, including the individual respondent, within 6 months.

 

Grounds
Family responsibility (dismissal only)
Sex discrimination - direct
Areas
Employment
Terms of Settlement
Financial compensation
Reference/Statement of Service provided
Statement of regret - private
Compensation

$1,800

Complaint Summary

The complainant said she was employed by the respondent café, after a two week unpaid industry placement. The complainant claimed that two weeks into her paid employment her child was ill and she was unable to attend work. She claimed that when she telephoned work and explained the situation, she was told to collect her last pay.

The respondent café denied discrimination and claimed that the complainant's employed was terminated because of her poor work quality and negative attitude.

The complaint was resolved at conciliation with an agreement that the café would provide the complainant with a statement of regret and a statement of service and pay her $1,800.

 

Grounds
Sex discrimination - direct
Areas
Employment
Terms of Settlement
Employment - other opportunity provided
Compensation
Complaint Summary

The complainant said he informally applied for a position as a barista at the respondent cafe and was told that they only employ women.

On being advised of the complaint the owner of the café said that there must have been a misunderstanding, as the café employed both women and men and had done so for many years.

The complaint was resolved with an agreement that the respondent would offer the complainant an interview for the barista position.

 

Grounds
Pregnancy - direct
Pregnancy - indirect
Areas
Employment
Terms of Settlement
Employment - revised terms and conditions
Compensation
Complaint Summary

The complainant alleged pregnancy discrimination in her employment as a trainee in a child care centre. She claimed she experienced difficulties getting time off to attend medical appointments and was currently on leave due to stress.

After being advised of the complaint the employer agreed to meet with the complainant to discuss alternative working arrangements.

The complaint was resolved with an agreement about alternative working arrangements to accommodate the complainant's pregnancy and her return to work following maternity leave.

 

Grounds
Sexual Harassment
Areas
Employment
Terms of Settlement
Financial compensation
Employment - revised terms and conditions
Compensation

$3,000

Complaint Summary

The complainant was employed as a packer for the respondent retail company. The complainant alleged that she was sexually harassed by her manager by actions including sending her inappropriate text messages and a pornographic video and making comments of a sexual nature.

The respondent company agreed to participate in conciliation upon being advised of the complaint.

The complaint was resolved with an agreement that the company would pay the complainant $3,000 compensation. The company also agreed to re-credit the complainant's sick leave for the 75 hours of leave she had taken because of the alleged harassment. The complainant continued her employment with the company.

 

Grounds
Sexual Harassment
Areas
Employment
Terms of Settlement
Financial compensation
Compensation

$3,000

Complaint Summary

The complainant alleged she was sexually harassed by her manager. The alleged behaviour included that the manager sent her text messages saying 'tits out', asked her to 'pash later', asked her and other employees what their favourite sexual positions are and discussed pornography. She claimed there was a culture of sexual harassment in the workplace which led to her resigning after only one week of employment.

On being advised of the complaint, the respondent indicated a willingness to participate in a conciliation conference.

The complaint was resolved with an agreement that the respondent would pay the complainant $3,000 financial compensation.

 

Grounds
Sexual Harassment
Areas
Employment
Terms of Settlement
Financial compensation
Reference/Statement of Service provided
Compensation

$29,000

Complaint Summary

The complainant was employed with the respondent retail food company. The complainant alleged her manager sexually harassed her by actions which included touching her, making comments of a sexual nature, asking her out and making suggestive comments and jokes. The complainant also alleged the manager made her go in his car with him after work where he kissed her, touched her and forced her to have sexual intercourse with him.

The respondent company advised it had investigated the complainant's claims but there was no evidence to support her version of events. The respondent manager denied the allegations and he claimed the allegations were made because he had changed the complainant's shifts.

The complaint was resolved with an agreement that the company would pay the complainant $29,000 compensation and provide her with a positive verbal reference. The complainant did not wish to continue her employment with the company.

 

Grounds
Sexual Harassment
Areas
Employment
Terms of Settlement
Financial compensation
Compensation

$1,500

Complaint Summary

The complainant was employed with the respondent specialty food company performing duties which included customer service and cleaning. The complainant alleged the owner sexually harassed her by actions including repeatedly asking her out, telling her she was beautiful and kissing her on the cheek when she finished work. The complainant said she resigned after 8 weeks because of the alleged sexual harassment.

On being advised of the complaint, the respondents agreed to participate in a conciliation process.

The complaint was resolved with an agreement that the respondents would pay the complainant $1,500 compensation.

 

Grounds
Pregnancy - direct
Sex discrimination - indirect
Pregnancy - indirect
Areas
Employment
Terms of Settlement
Financial compensation
Compensation

$5,100

Complaint Summary

The complainant alleged that on notifying her employer that she was pregnant, she was treated less favourably. The alleged treatment included having her work vehicle taken from her, the work laptop that she used to work from home taken from her, and being advised that when she returned from maternity leave instead of her full-time position, she would only be offered work one day per week.

On being advised of the complaint, the company indicated a willingness to try and resolve the matter.

The complainant did not wish to return to work with the company and the complaint was resolved with an agreement that the company would pay the complainant $5,100 financial compensation.

 

Grounds
Pregnancy - direct
Areas
Employment
Terms of Settlement
Financial compensation
Compensation

$500

Complaint Summary

The complainant was employed on a casual contract as an instructor with a fitness centre. She said that after missing a teaching session because of illness related to her pregnancy, the centre manager told her not to return to work.

On being advised of the complaint, the respondent company indicated a willingness to try to resolve the matter.

The complaint was resolved with an agreement that the respondent would pay the complaint $500.

 

Grounds
Sex discrimination - direct
Sex discrimination - indirect
Victimisation
Areas
Employment
Terms of Settlement
Financial compensation
Compensation

$30,000

Complaint Summary

The complainant was employed in a management position with the respondent professional services company. She claimed that during her employment she was not afforded the same opportunities and benefits as males and was subjected to a 'boys' club' culture. The complainant said that after she made an internal complaint about sex discrimination, she was victimised and her position was made redundant.

The respondent company denied the allegations of sex discrimination and claimed that the redundancy was due to genuine operational reasons.

The complaint was resolved in a conciliation process with an agreement that the company would pay the complainant $30,000 compensation.

 

Grounds
Sexual Harassment
Areas
Employment
Terms of Settlement
Financial compensation
Reference/Statement of Service provided
Statement of regret - private
Compensation

$5,166

Complaint Summary

The complainant was employed as a gaming attendant with the respondent club. She alleged that her male manager sexually harassed her by behaviour which included making comments of a sexual nature and sending her text messages with sexual content. She claimed she lodged an internal complaint but was unsatisfied with the outcome of the investigation.

The respondent club confirmed it had investigated the complainant's allegations of sexual harassment and found them to be unsubstantiated. The club said that it had offered the complainant the opportunity to return to work on different shifts to the individual respondent, but the complainant declined this offer.

The complaint was resolved with an agreement that the club would pay the complainant $5,166 compensation, provide her with a statement of service and also provide her with a statement of regret.

 

Grounds
Sex discrimination - direct
Sex discrimination - indirect
Family responsibility (dismissal only)
Areas
Employment
Terms of Settlement
Financial compensation
Compensation

$100,000

Complaint Summary

The complainant alleged that he was discriminated against on the basis of his sex and family responsibilities during his employment as a senior manager with a financial company. The complainant claimed that after taking a period of parental leave, his promotional opportunities were limited and he was told that senior managers did not view paternity leave favourably. The complainant said he was subsequently made redundant.

The respondent company denied the allegations and said that the decision not to promote the complainant was based on concerns about his ability and performance. The company also claimed that the redundancy was due to legitimate business reasons arising from a downturn in revenue.

The complaint was resolved with an agreement that the respondent would pay the complainant $100,000 compensation.

 

Grounds
Family responsibility (dismissal only)
Sex discrimination - indirect
Areas
Employment
Terms of Settlement
Apology - private
Policy change/change in practice (internal staff)
Financial compensation
Training - anti-discrimination/EEO staff training introduced
Compensation

$33,400 approx.

Complaint Summary

The complainant, who was employed with the respondent government agency, alleged discrimination on the grounds of family and carers responsibilities. The complainant said she applied for 12 months leave without pay to care for her 2 year old son who has a medical condition, but the respondent would only agree to her taking 6 months leave.

On being advised of the complaint, the respondent agreed to participate in conciliation.

The complainant did not wish to continue her employment and the complaint was resolved with an agreement that the respondent would pay the complainant $5,000 compensation for hurt and distress and approx. $28,400 for loss of future income. The respondent also agreed to provide the complainant with an apology and facilitate anti-discrimination training for managers.

 

Grounds
Sex discrimination - direct
Areas
Employment
Terms of Settlement
Financial compensation
Compensation

$1,500

Complaint Summary

The complainant, who was employed as a grocery packer with the respondent retail store, alleged he was discriminated against on the basis of his sex. He claimed that only male staff were required to sign a contract stating that they won't wear earrings. The complainant said he was given less shifts because he wore earrings and was told to take his earrings out or leave the workplace. The complainant said he was forced to resign.

On being informed of the complaint, the respondent company agreed to try to resolve the matter through conciliation.

The complaint was resolved with an agreement that the company would pay the complainant the sum of $1,500 which was equivalent to 6 weeks salary.


Grounds
Pregnancy - direct
Sex discrimination - indirect
Areas
Employment
Terms of Settlement
Employment - adjustment provided - other
Policy - anti-discrimination/EEO policy reviewed/revised
Compensation
Complaint Summary

The complainant, who was employed with the respondent government department, had reached an agreement with her team manager regarding an adjustment to the dress code for the period of her pregnancy. The complainant alleged she was not allowed to dress in accordance with the modified dress code when working for another team.

On being advised of the complaint, the respondent department agreed to participate in a conciliation conference.

The complaint was resolved with an agreement that the adjusted dress code would apply to the complainant during her pregnancy when working for other teams. The department also agreed to review relevant staff policies.

 

Grounds
Pregnancy - direct
Pregnancy - indirect
Areas
Employment
Terms of Settlement
Apology - private
Policy - anti-discrimination/EEO policy developed
Compensation
Complaint Summary

The complainant advised that she applied for home based casual work as a tutor. She claimed the respondent company terminated her telephone interview when she told them she was pregnant.

On being advised of the complaint, the respondent company agreed to participate in conciliation.

The complaint was resolved with an agreement that the company would provide the complainant with an apology and agree to develop workplace discrimination policies based on materials and information from the Commission's website.

 

Grounds
Sexual Harassment
Areas
Employment
Terms of Settlement
Statement of regret - private
Financial compensation
Compensation

$8,500

Complaint Summary

The complainant claimed he was sexually harassed during his employment with the respondent real estate agency. He alleged he was subjected to inappropriate and sexist comments and that he received explicit sexual material via email. The complainant claimed that because of this, he was forced to resign from his employment.

The individual respondent and the company denied the allegations, but agreed to participate in a conciliation conference to attempt to resolve the matter.

The complaint was resolved on the basis that the company would provide the complainant with a statement of regret and $8,500 financial compensation.

 

Grounds
Sex discrimination - direct
Sex discrimination - indirect
Sexual Harassment
Victimisation
Areas
Employment
Terms of Settlement
Financial compensation
Compensation

$15,000

Complaint Summary

The complainant, who was a contract employee with the respondent private transport company, claimed she was sexually harassed by her manager in that he told her to "spread em….". The complainant alleged that her manager had been harassing her for years and said she made an internal complaint but was unhappy with the outcome. The complainant claimed that after she complained she was victimised in that her duties were diminished, her conditions of employment were amended and she was not offered another contract.

On being advised of the complaint the respondent company indicated a willingness to try to resolve the matter through conciliation.

The complaint was resolved with an agreement that the company would pay the complainant $15,000 general damages.

 

Grounds
Sex discrimination - direct
Sex discrimination - indirect
Pregnancy - direct
Pregnancy - indirect
Areas
Employment
Terms of Settlement
Financial compensation
Reference/Statement of Service provided
Compensation

$3,850 approx.

Complaint Summary

The complainant was employed as a chef with the respondent restaurant before going on maternity leave. The complainant claimed that when she approached her employer eight months later to discuss returning to work, she was told her position was no longer available. The complainant alleged discrimination on the grounds of sex and pregnancy.

On being advised of the complaint, the respondent indicated a willingness to try to resolve the matter through conciliation.

The complaint was resolved with an agreement that the respondent would pay the complainant approx. $3,850 which was equivalent to 4 weeks salary, and provide her with a statement of service.

 

Grounds
Sex discrimination - direct
Sex discrimination - indirect
Family responsibility (dismissal only)
Areas
Employment
Terms of Settlement
Employment - revised terms and conditions
Compensation
Complaint Summary

The complainant alleged that the owner of the company where she worked placed pressure on her to work unplanned overtime and was unhappy about her leaving work each day at 4:45 pm because of her family responsibilities.

On being advised of the complaint, the respondent company indicated a willingness to try to resolve the matter through conciliation.

The complaint was resolved with an agreement that the company would re-draft the complainant's employment contract to: provide for her to leave work at 4:45 pm each day; ensure she is given at least 2 hours notice when required to work overtime; and also given the right to decline a request to work overtime because of her family responsibilities. The complainant remained in employment with the respondent company.

 

Grounds
Sexual Harassment
Areas
Employment
Terms of Settlement
Apology - private
Compensation
Complaint Summary

The complainant was carrying out work with the respondent government department. The complainant claimed that when ont he worksite a female staff member made the comments "wanker on the floor, wanker on the floor" and "man with small penis on the floor". The complainant alleged that the comments constitute sexual harassment.

On being advised of the complaint, the respondent indicated a willingness to try to resolve the matter through conciliation.

The complaint was resolved with an agreement that the staff member would provide the complainant with a signed letter of apology.

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