Sex discrimination - indirect

Pregnancy - direct

Pregnancy - indirect

Employment

Financial compensation

$30,000

The complainant was employed as a manager with the respondent marketing company. She claimed that after approximately one year working with the company, she went on 12 months unpaid maternity leave. She said that when she contacted her employer the month before she was to return to work, she was told that her position had been made redundant because of the acquisition of another company some months before. The complainant said that while on leave, she was not advised of the changes occurring in the company and was not given the opportunity to apply for another position. The complainant also alleged that her former position still existed, but had a new title.

The company did not provide a formal response to the complaint and agreed to attend a conciliation conference to try to resolve the matter.

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

Sexual Harassment

Employment

Financial compensation

Policy - anti-discrimination/EEO policy developed

Training - anti-discrimination/EEO staff training introduced

Apology - private

$6,500

The complainant was employed as a bar attendant at the respondent hotel. The complainant alleged her manager sexually harassed her by kissing and touching her inappropriately. She also alleged that she was dismissed because she refused the manager's sexual advances.

In a written response to the complaint, the manager and the hotel denied the complainant had been sexually harassed. The hotel claimed the complainant was dismissed because of poor work performance.

The complaint was resolved with an agreement that the respondent would pay the complainant $6,500 and provide her with a written apology. The hotel also agreed to develop a sexual harassment policy and associated complaint process, and ensure staff receive training regarding the policy.

Pregnancy - direct

Pregnancy - indirect

Employment

Financial compensation

Reference/Statement of Service provided

Other - please specify

$10,000

The complainant claimed that after advising her employer that she was pregnant, she noticed a change in her manager's attitude towards her and she was treated less favourably including having her performance questioned and her decision making undermined. The complainant also said she asked to work at home on days when she had medical appointments but this was refused. The complainant finished work with the company when her contract expired.

The respondent company agreed to participate in conciliation prior to providing a written response.

The complaint was resolved with an agreement that the company would pay the complainant $10,000 general damages, waive debts she was required to pay, provide her with a statement of service and refer any enquiries from prospective employers to an agreed contact person.

Sexual Harassment

Employment

Financial compensation

Training - named individual(s) to undertake anti-discrimination/EEO training

Policy - anti-discrimination/EEO policy developed

$1,000

The complainant was employed with the respondent service provision company. She claimed that the owner of the business sexually harassed her by actions which included consistently asking her for sex, kissing her on the lips, pinching her bottom and grabbing her breasts. She said that because she refused the owner's advances he started shouting at her, found fault in her work and eventually terminated her employment.

The company and the individual respondent denied the allegations of sexual harassment. The owner of the business said that he held discussions with the complainant about her poor performance and associated complaints from clients. He said the complainant was flirtatious with staff and clients and she resigned of her own accord.

The complaint was resolved with an agreement that the respondents would: pay the complainant $1,000 as an ex gratia payment; the business owner would undertake anti-discrimination/EEO training; and the company would implement an anti-discrimination/EEO policy.

Pregnancy - direct

Pregnancy - indirect

Employment

Financial compensation

$6,000

The complainant claimed she was discriminated against on the basis of her pregnancy during her employment as a cook at a café. She said that after she advised her supervisor that she needed to go home early from work due to morning sickness, she was removed from the follow week’s roster. She claimed that when she advised her manager of her pregnancy she was treated differently to other staff. The complainant said she felt it was not possible for her to return to work.

The respondent cafe confirmed the complainant advised of her pregnancy but said that attempts were made to accommodate the complainant's needs by changing her shifts so she did not have to do heavy lifting. The cafe said concerns about the complainant's reliability had been discussed with her and when she did not turn up for further shifts, it was assumed she had abandoned her employment.

The complaint was resolved at a conciliation conference where it was agreed that the respondent would pay the complainant $6,000 compensation.

Family responsibility (dismissal only)

Employment

Financial compensation

$15,000

The complainant was employed with a transport company on a casual basis for 9 months. The complainant said he had to take some time off to care for his daughters and because of this, he was sacked. The complainant claimed he was discriminated against because of his family responsibilities.

The company said that the complainant was dismissed because of ongoing problems with his attendance at work.

The complaint was resolved at a conciliation conference with an agreement that the company would pay the complainant $15,000 compensation.

Sexual Harassment

Employment

Financial compensation

$2,160

The complainant was employed with the respondent retail company for approximately 6 months. She alleged she was sexually harassed by her male manager whose behaviour included hugging her and making her sit on his lap. The complainant said she objected to his behaviour and was subsequently dismissed from her employment.

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 $2,160 for loss of wages.

Pregnancy - direct

Employment

Financial compensation

$2,500

The complainant was employed with the respondent manufacturing company in a frontline position. She said she advised her manager that she was to commence IVF treatment and it was agreed that she would need to do alternative duties because of potential risks to the baby. The complainant said that when she became pregnant, other staff began to treat her differently because of her alternative duties and accused her of not pulling her weight. She claimed she was not given sufficient or appropriate alternative duties.
 
The respondent company agreed to discuss early resolution of the complaint before providing a written response.

An agreement was reached between the parties to resolve the complaint, in which the respondent agreed to pay the complainant $2,500 as general damages.

Sex discrimination - direct

Sex discrimination - indirect

Employment

Financial compensation

$3,300

The complainant was employed with the respondent retail company for over 10 years. She claimed that the majority of managers and senior personnel in the company are male. The complainant said that when she returned to work after a period of maternity leave, she was required to work at a different store and was later made redundant. The complainant claimed that one week after her redundancy, a male employee was appointed to her previous role.

The company denied it discriminated against the complainant on the basis of her sex.

The complaint was resolved with an agreement that the company would pay the complainant $3,300 as compensation for economic loss and pain and suffering.

Sexual Harassment

Employment

Financial compensation

$4,000

The complainant was employed with the respondent company as a telemarketer. She alleged her manager sexually harassed her by actions which included: making comments about her appearance; stroking her hair and trying to kiss her neck; talking to her about his sex life; and offering to take her on an overseas trip. The complainant said her employment was terminated and she believed this was because she refused her manager's sexual advances.

The respondent denied the allegations of sexual harassment and advised that the complainant's employment was finalised for economic reasons.

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

Sex discrimination - indirect

Employment

Employment - revised terms and conditions

The complainant said she returned to work with the respondent government department after a period of maternity leave. She said that before her leave she worked as a team leader and on her return asked to work part-time and also do home based work. The complainant said her employer told her this was not possible in the team leader role and instead, she was given a temporary position on part-time hours. She claimed she was given menial tasks and the future of this new position and her rate of pay was unclear.

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

The complaint was resolved with written confirmation from the department that the complainant was able to retain her pre maternity leave salary and work on part-time hours for a specified period. The respondent also agreed to provide the complainant with more substantial work duties. The complainant advised that she was satisfied with this arrangement.

Sexual Harassment

Employment

Financial compensation

Approximately $6,000

The complainant claimed that while employed with the respondent retail company, he was sexually harassed by a co-worker. His allegations included that the co-worker: told him he was ‘hot’ ; said she would cheat on her husband with him; and followed him around the store. He said he made an internal complaint and the co-worker was transferred to another section of the store. He said that after this, other workers advised him the co-worker was making disparaging comments about him and calling him names. The complainant said he resigned because of this.

The respondent company said it had responded appropriately to the complainant's verbal complaints and when the complainant raised the issue again, he was advised to put his complaint in writing, but no written complaint was received.

The complaint was resolved with an agreement that the company would pay the complainant $5,000 as general damages and $900 to cover counselling costs, as well as reimbursing him for 7 days sick leave.

Family responsibility (dismissal only)

Employment

Financial compensation

Apology - private

Training - named individual(s) to undertake anti-discrimination/EEO training

$5,000

The complainant was employed with a tertiary institution. She said she asked for leave to attend a family funeral overseas but her request was initially refused and then granted after she pursued the matter further. The complainant said that on her return from leave she was questioned about the way she had pursued the matter and advised that performance issues had arisen during her leave. The complainant said she tendered her resignation shortly after as she felt she was being targeted because of her family responsibilities and had no choice but to resign.

The respondent agreed to participate in conciliation prior to providing a written response.

The complaint was resolved with an agreement that the respondent institution would provide the complainant with a verbal apology and pay her $5,000 general damages. It was also agreed that the relevant staff member would be spoken to in relation to the institution's anti-discrimination/EEO policy.

Pregnancy - direct

Employment

Financial compensation

$17,000

The complainant said her doctor had advised her to take three weeks off work due to complications with her pregnancy. She claimed her doctor said she could then return to work with normal limitations associated with pregnancy but her employer would not allow her to return and she had to go on unpaid sick leave.

The respondent company said the complainant's limitations restricted her from doing her standard duties and no suitable alternative duties were available.  

The complainant did not wish to continue her employment and the complaint was resolved with an agreement that the company would pay the complainant $17,000.

Sex discrimination - direct

Pregnancy - direct

Employment

Financial compensation

Reference/Statement of Service provided

$21,250

The complainant was employed as a director with a financial services company. The complainant claimed her employer created a hostile work environment prior to her taking maternity leave and when she was due to return to work, said she had to work full-time despite a previous agreement that she could return on part-time hours. The complainant said that due to her family responsibilities she was unable to work full-time and so had to resign. The complainant also alleged she was not paid her long service leave or bonus entitlements.

The respondent company denied discriminating against the complainant and said that her return to work plan was altered due to operational and business requirements. The company said the complainant's employment ended due to her unauthorised absence from work.

The complaint was resolved with an agreement that the company would pay the complaint $21,250 compensation and provide her with a statement of service.

Sexual Harassment

Employment

Financial compensation

Apology - private

$1,500

The complainant alleged she was sexually harassed by a work colleague when they travelled interstate to participate in a training course. The complainant said that after a dinner, the respondent sent her inappropriate text messages indicating that he wanted to have sex with her. The complainant said she lodged an internal complaint about the matter.  

The individual respondent said the complainant had invited him back to her room and he gave her a back rub. The respondent said he apologised for the text messages the next day and the complainant had accepted his apology. The respondent said his employment was terminated due to the incident.

The complaint was resolved with an agreement that the respondents would provide the complainant with an apology and pay her $1,500.

Sexual Harassment

Victimisation

Employment

Financial compensation

$15,000

The complainant was employed as a sales representative with the respondent company. He alleged he was sexually harassed by his female manager in that she hugged and kissed him on the cheeks, often in the presence of his colleagues. The complainant also alleged that his manager then victimised him after he complained about her behaviour.

The company did not dispute that some of the alleged conduct occurred but did dispute that the behaviour constituted sexual harassment. The company denied that the complainant was victimised.

The complaint was resolved with an agreement that the respondent would pay the complainant the sum of $15,000 which represented compensation for hurt and embarrassment.

Sexual Harassment

Victimisation

Employment

Financial compensation

$4,000

The complainant, who was employed by the respondent community organisation, alleged she was sexually harassed by a male co-worker. The complainant said the co-worker sent her sexually explicit emails which she found offensive. She claimed she complained to her manager about the emails and was then ostracised. The complainant said she resigned from her employment.  

The respondent organisation did not dispute that sexually explicit emails were sent to the complainant. However, the organisation denied that the complainant was victimised because she complained about the emails.  

The complaint was resolved with an agreement that the respondent would pay the complainant $4,000 which represented compensation for hurt and embarrassment.

Pregnancy - direct

Pregnancy - indirect

Employment

Financial compensation

$10,000

The complainant was employed with the respondent company on a full-time basis. She said that the day before she was to go on 12 months maternity leave, she was called into the manager's office and advised that she was being made redundant. The complainant claimed her position was not redundant as another employee is currently doing her job. She alleged discrimination on the ground of pregnancy.

The respondent company said it had significantly reduced its employees in the last 12 months due to a downturn in business and 30 employees, including the complainant, were made redundant. The company denied that the complainant was made redundant because of her pregnancy and also denied that someone is employed in the complainant's previous position.

The complaint was resolved with an agreement that the company would pay the complainant $10,000 compensation.

Sex discrimination - direct

Sex discrimination - indirect

Pregnancy - direct

Pregnancy - indirect

Employment

Financial compensation

$14,253

The complainant said she had been employed with the respondent building company for approximately four years when she went on 12 months maternity leave. The complainant claimed that when she sought to return to work she was told she did not have a position and it was assumed that she had resigned. The complainant claimed she was told her position had been made redundant but she said that the person who replaced her while she was on maternity leave, was still employed. The complainant alleged discrimination on the grounds of her sex and pregnancy.

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

The complaint was resolved with an agreement that the respondent would pay the complainant the equivalent of 8 weeks pay.

Sexual Harassment

Employment

Financial compensation

Statement of regret - private

$15,000

The complainant worked in a sales position with the respondent company. She claimed she was harassed by managers in her workplace in that they discussed her sexuality, implying that she was having a sexual relationship with another woman, and said that she only got business because of her sexual relationships with buyers and a director. The complainant said she made an internal complaint but the matter was not dealt with appropriately and she resigned from her employment.

On being advised of the complaint, the company agreed to try to resolve the matter by conciliation.

The complaint was resolved with an agreement that the company would provide the complainant with a statement of regret and pay her $15,000 compensation.

Pregnancy - direct

Employment

Financial compensation

$5,000

The complainant, who was employed with a communications company, said that her employer was aware she was pregnant. She claimed she was one of four staff whose positions were to be made redundant and who were invited to apply for one remaining position. The complainant said she did well in the interview for the position but it was given to a male employee. The complainant alleged that her pregnancy was the reason why she was not appointed to the position.

The respondent company said the complainant's application for the position was unsuccessful due to her performance at interview. The company denied any discrimination.

The complaint was resolved with an agreement that the company would pay the complainant $5,000 general damages.

Pregnancy - indirect

Pregnancy - direct

Employment

Employment - adjustment provided - other

The complainant alleged discrimination in employment on the grounds of her pregnancy and disability. The complainant was employed as a receptionist at the respondent company and advised that she had migraines associated with her pregnancy. The complainant said that she asked for her full-time hours to be  reduced to accommodate her condition, but her employer refused.

The respondent company agreed to participate in conciliation prior to providing a written response to the allegations.  

The complaint was resolved when the company agreed to reduce the complainant’s full-time hours by two hours per day until she commenced maternity leave.  

Family responsibility (dismissal only)

Employment

Employment - adjustment provided - other

The complainant, who was employed as a customer service officer with the respondent company, advised she had an agreement with her employer that she would finish work at 5pm in order to accommodate her family responsibilities. The complainant said that after a change in the company’s reporting structure, she was put on a shift finishing at 5.30pm and she could not comply with this because of her family responsibilities.

The respondent company agreed to participate in conciliation prior to providing a written response to the complainant’s allegations.  

The complaint was resolved with an agreement that the company would accommodate the complainant’s request for flexible working arrangements and allow her to finish work at 5pm each day.

Pregnancy - direct

Pregnancy - indirect

Employment

Undertaking to cease action

Employment - other opportunity provided

The complainant advised she had been on leave from work because of an anxiety disorder. The complainant said that after she told her employer she was pregnant, she received a warning and counselling about matters that had occurred 3 - 4 months prior. The complainant said she subsequently received a letter threatening to terminate her employment because she was unfit for work. She alleged the company took this action because she was pregnant.

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 employer would not terminate the complainant's employment and the complainant would proceed on 12 months maternity leave .

Pregnancy - direct

Employment

Financial compensation

$4,000

The complainant said she was employed by the respondent recruitment agency and placed at a client site. She said she commenced maternity leave 6 months prior to the date her contract was to end. The complainant claimed that 3 months before her contract was to end, her pay was stopped and the respondent agency advised that her placement would be given to another person.

The respondent agency said that when they called the complainant and asked about her return to work plans, she said she did not intend to return to work and so the agency considered her employment to be at an end.

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

Sexual Harassment

Employment

Financial compensation

$10,000

The complainant alleged she was sexually harassed by her manager during her employment as a cleaner with the respondent company. She claimed the sexual harassment included the manager touching her breasts, forcing himself on her and kissing her and making her touch his penis. The complainant also alleged the manager forced her to have sex with him both at a hotel and at her home on a number of occasions. The complainant said that after she told the manager she did not want to have a sexual relationship with him, he started to criticise her work and she eventually resigned.

The respondent company said the complainant was not an employee but was a sub-contractor. The company said the events outlined in the complaint were misleading and the manager had a consensual sexual relationship with the complainant.

The complainant was resolved with an agreement that the respondent would pay the complainant $10,000 compensation.

Sex discrimination - direct

Sexual Harassment

Employment

Statement of regret - private

Financial compensation

$10,000

The complainant was employed by the respondent company and worked in a predominantly male environment. She alleged she was treated less favourably because of her sex in that male colleagues verbally abused her and her manager removed work duties from her and gave them to a male co-worker. The complainant also alleged that her male co-workers sexually harassed her by actions which included making comments about her underwear, offering her sex and group sex and talking to her in detail about pornography they had watched and masturbated to.

The respondent company denied that it treated the complainant less favourably because of her sex or that she was sexually harassed in the workplace. The individual respondents did not dispute that some of the alleged conduct occurred but disputed that their conduct was sexual harassment. In particular they said that in the circumstances, the behaviour was not 'unwelcome'.

The complainant did not want to continue her employment and the complaint was resolved with an agreement that the company would pay the complainant $10,000 compensation plus her entitlements.

Sexual Harassment

Employment

Financial compensation

Reference/Statement of Service provided

Employment - job offer

$2,932

The complainant alleged disability discrimination and sexual harassment in employment. The complainant has a learning disability and was employed by the respondent company to do landscaping duties. The complainant alleged his co-workers harassed him because of his disability and also made frequent sexual comments to him. The complainant said he complained about this to the recruitment agency that placed him with the company, but his complaints where not taken seriously.

The respondent company denied that the complainant had been harassed in his employment. The recruitment company also denied that the complainant had made an internal complaint.  

The complaint was resolved with an agreement that the respondent company would pay the complainant $1,500 and provide him with a reference. The respondent recruitment agency agreed to pay the complainant the equivalent of 13 weeks wages and place him in suitable alternative employment.

Pregnancy - direct

Sex discrimination - indirect

Employment

Employment - other opportunity provided

Financial compensation

$2,616

The complainant, who was employed as a recruitment officer with the respondent company, alleged sex and pregnancy discrimination in employment. She said that when she became pregnant she asked for three months unpaid leave as she did not qualify for paid maternity leave. The complainant alleged her request for unpaid leave was refused and she was left with no other option but to resign.

The parties agreed to try and resolve the complaint prior to the respondent providing a written response to the Commission.

The complaint was resolved with an agreement that the respondent company would consider the complainant for future employment and pay her $2,616 compensation for loss of income.

Sex discrimination - direct

Pregnancy - direct

Pregnancy - indirect

Employment

Financial compensation

Reference/Statement of Service provided

Approximately $5,000

The complainant worked for the respondent manufacturing company on a permanent part-time basis and had taken maternity leave. She said that when she approached her manager about returning to work she was advised that due to financial reasons, the company was not able to ‘take her back’ at that time. The complainant said she approached her employer again some 4 months later and was told that only causal work was available. She said the company disputed that it was required to provide her with work and said she had resigned from her employment and was not on maternity leave.

After being advised of the complaint, the company and the complainant agreed to directly discuss the issues.

The complainant did not want to continue her employment with the company and the complaint was resolved with an agreement that the company would pay the complainant her long service entitlements and provide her with a reference.

Family responsibility (dismissal only)

Employment

Financial compensation

$6,000

The complainant said he is the sole carer of his 13 year old daughter and had been employed by the respondent manufacturing company for approximately 9 years. He claimed that he was asked to increase his work hours but declined because of caring responsibilities. The complainant said the owner told him that if he refused, drastic action would be taken against him. He claimed he was dismissed but the letter given to him said he was made redundant. The complainant said that his position was filled the next day and he alleged discrimination on the ground of his family responsibilities.

The respondent company denied discriminating against the complainant because of his family responsibilities.

The complaint was resolved with an agreement that the respondent company would pay the complainant $6,000 general damages.

Sexual Harassment

Employment

Financial compensation

$8,500

The complainant, who is employed in health services, alleged she was sexually harassed by a co-worker. The alleged actions of the co-worker included that he commented to her on client's breasts, asked her inappropriate questions about clients, asked her to go out with him, touched her hair and asked her questions about her sex life.  

The co-worker denied he sexually harassed the complainant.
The respondent employer said that it conducted an internal investigation into the complainant's allegations but this was inconclusive. The employer said that since the internal complaint was made, they have instituted a new policy and training regarding harassment.

The complaint was resolved with an agreement that the employer would pay the complainant $7,500 general damages and the individual respondent would pay $1,000 general damages. The complainant remained in her employment.

Sex discrimination - direct

Sex discrimination - indirect

Employment

Employment - reinstated

The complainant worked on a casual basis as a sales assistant with the respondent retail company. The complainant said she went on unpaid maternity leave and when she tried to return to work, was told there was no work available. She said a friend of hers called the company and was told work was available. The complainant alleged she was treated less favourably because she is single mother.  

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 reemploy the complainant on a casual basis in the same position she occupied prior to going on maternity leave.

Pregnancy - direct

Pregnancy - indirect

Employment

Financial compensation

$12,000

The complainant claimed she was discriminated against on the basis of her pregnancy during her employment as an analyst with a manufacturing company. She claimed that when she discussed taking a period of maternity leave, she was asked to resign and her employment was eventually terminated.

The respondent company claimed it had discussed return to work options with the complainant but a suitable compromise could not be reached. The company said the complainant resigned.

The complaint was resolved with an agreement that the company would pay the complainant $12,000 compensation.

Grounds

Sex discrimination - direct

Pregnancy - direct

Pregnancy - indirect

Family responsibility (dismissal only)

Areas

Employment

Terms Of Settlement

Financial compensation

Compensation

3 months salary

Complaint Summary

The complainant claimed she was discriminated against on the basis of her sex, pregnancy and family responsibilities when her employment with the respondent multinational company was made redundant while she was on maternity leave.

The company said that the complainant’s position was made redundant for genuine operational reasons after the company was restructured.

The complaint was resolved with an agreement that the company would pay the complaint compensation equivalent to 3 months salary.

Sex discrimination - direct

Employment

Financial compensation

$3,000

The complainant alleged he was discriminated against on the basis of his sex and age when he applied for a position as a coach at a fitness centre. He claimed he was told he was too old and that he would be incapable of catering to female clientele.

The fitness centre agreed to participate in conciliation, prior to providing a written response to the allegations.

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

Pregnancy - direct

Pregnancy - indirect

Employment

Employment - job offer

Financial compensation

$500

The complainant said she was not appointed to a full-time position with the respondent department on completion of her cadetship. She alleged this was because she was pregnant and intending to commence maternity leave in the near future.

The department denied that the complainant was discriminated against on the basis of her pregnancy. The department said other cadets in a similar position to the complainant who were not pregnant, were also not offered positions.

The complaint was resolved at conciliation. The agreement between the parties included that the department would pay the complainant $500 compensation and offer her a permanent position.

Sexual Harassment

Employment

Financial compensation

Statement of regret - private

$4,000

The complainant who was employed as a manager with the respondent company, alleged she was sexual harassed by a senior manager. Her allegations included that the manager said she was having sexual intercourse with one of their colleagues and said he would 'chase after her’ if he was single. The complainant said she was unable to continue working with the company and resigned.

The respondent denied the allegations of sexual harassment. The company said the complainant was under investigation in relation to conduct issues.  

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

Sexual Harassment

Employment

Financial compensation

$15,000

The complainant said she is 52 years of age and has a slight hearing impairment. She alleged she was discriminated against on the basis of her age, disability and sex, and also sexually harassed and victimised by her senior manager and employer. She alleged a manager made comments about her age, including questioning why anyone would go out with her considering she’s an ‘old woman’ and made jokes about her hearing impairment. The complainant also said the manager sexually harassed her by actions which included sending her sexually explicit emails and holding an item near his crutch to mimic a penis. The complainant claimed she lodged an internal complaint and two months later was made redundant.

The manager agreed that he made a comment about the complainant's hearing but claims this was in jest. He also agreed he made comments about the complainant's age and sent the emails but said he ceased doing this when the complainant raised concerns about it. The company advised it has taken measures to remove such conduct in the workplace. The company said the complainant’s redundancy was genuine and resulted from a restructure in which 9 other employees were also made redundant.

The parties agreed to participate in conciliation to discuss possible resolution of the complaint. The complaint was resolved on the basis that the respondent agreed to pay the complainant $15,000 general damages.

Sexual Harassment

Victimisation

Sex discrimination - direct

Employment

Financial compensation

$40,000

The complainant was employed as a regional manager with the respondent wholesale/retail company. She claimed her supervisor would sexually harass her by asking questions and making comments about her sex life. She also alleged she was treated less favourably due to her sex by actions which included denying her requests for work resources and accusing her and her staff of poor performance. The complainant said that when she complained about her supervisor's behaviour, she was issued with a warning and was then advised she should resign or her employment would be terminated. The complainant said she had no choice but to resign from her position.
 
The company said the supervisor was spoken to regarding the complainant's allegations. The company denied the allegations of victimisation and sex discrimination.

The complaint was resolved with an agreement that the respondents would pay the complaint $40,000 in general damages.

Sex discrimination - direct

Employment

Employment - revised terms and conditions

 $10,000

The complainant alleged that his shift supervisor at the health care facility where he worked did not like working with male nursing staff. His claims included that the supervisor: criticised his performance in an aggressive manner; told other staff she is after him; rostered him to work alone; and did not let him take breaks. He said that he made an internal complaint but was not happy with how this was dealt with. He alleged discrimination on the basis of his sex.

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

The complainant did not want to continue his employment and the complaint was resolved with an agreement that the organisation would pay the complainant $10,000 compensation and all his entitlements.

Sex discrimination - indirect

Pregnancy - direct

Pregnancy - indirect

Employment

Financial compensation

$2,700

The complainant said she had been employed with the respondent company for approximately two years when she took 12 months maternity leave. She claimed that when she was due to return to work, she was advised her position had been made redundant due to a downturn in business. The complainant said the person employed to replace her while she was on maternity leave was still working with the company. The complainant alleged she was discriminated against on the grounds of her sex and pregnancy.

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

The complaint was resolved with an agreement that the respondent would pay the complainant $2,700 in financial compensation.

Pregnancy - direct

Pregnancy - indirect

Employment

Employment - adjustment provided - other

The complainant advised that she is pregnant and employed as a truck driver. She alleged she asked for alternative duties to accommodate her pregnancy but was told that no such duties were available.

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 respondent company would provide the complainant with alternative office duties for the period before she commences maternity leave.

Victimisation

Sex discrimination - direct

Employment

Financial compensation

Policy - anti-discrimination/EEO policy developed

Training - anti-discrimination/EEO staff training introduced

$5,000

The complainant who was employed for a short period as a truck driver with the respondent company, alleged sex discrimination and sexual harassment by a co-worker. His allegations included that the co-worker: harassed him because he thought he wasn’t strong enough to perform his duties and called him a “princess” and told him he should get “a tiara”, told him he needed a skirt and also said that he would “arse-rape him”.  The complainant resigned from his employment.

The respondent company agreed to participate in conciliation prior to providing a written response to the allegations.  

The complaint was resolved with an agreement that the respondent company would pay the complainant $5,000 compensation for hurt and embarrassment. The company also advised that it had developed a sexual harassment policy and associated grievance procedure and engaged an external company to provide anti-discrimination training for staff.

Sexual Harassment

Employment

Financial compensation

$13,500

The complainant said she has been employed with the respondent company for over 20 years. She claimed that her manager sent her sexually explicit emails which she found offensive. The complainant said she lodged an internal complaint against her manager and was on leave from her position.

The respondents said the emails were sent as a joke and the particular images the complainant referred to in her complaint, were taken out of context. The company confirmed the emails contravened the company’s email policy but denied that they constitute sexual harassment.

The complaint was resolved with an agreement that the company would pay the complainant $10,000 in general damages and $3,500 to cover her legal fees.

Sex discrimination - direct

Pregnancy - direct

Sex discrimination - indirect

Employment

Financial compensation

$34,792

The complainant was employed with a communications company. She claimed that shortly after she commenced maternity leave, she was advised her position had been relocated to the city in which her manager worked and therefore, her role was redundant. The complainant claimed the contractor hired to replace her while she was on maternity leave was given her position.

The respondent company said the complainant was aware a restructure was occurring when she went on maternity leave. The company said the complainant was one of a number of people who were retrenched at the same time.

The complaint was resolved with an agreement that the company would pay the complainant $26,437.50 and $8,354.50 to cover her legal fees.

Sex discrimination - direct

Sex discrimination - indirect

Family responsibility (dismissal only)

Employment

Employment - other opportunity provided

Reference/Statement of Service provided

The complainant claimed she was discriminated against on the basis of her sex and family responsibilities during her employment in the child care industry. She claimed that when she returned to work after a period of maternity leave, she asked her employer whether she could breast feed at work and was told she should use a pump as it was difficult to allow her to take a break to feed her baby. The complainant said she was forced to resign.

The respondent company said it provided the complainant with a number of options as to how she could feed her baby upon her return to work, however the complainant did not accept these options and chose to resign.  

The complaint was resolved with an agreement that the company would provide the complainant with a written reference supported by a verbal reference when required. The company also agreed that, should a suitable position become available, it would advise the complainant and invite her to apply.

Family responsibility (dismissal only)

Employment

Financial compensation

$2,500

The complainant claimed he took a day off from work to care for his ill child and was subsequently dismissed. The complainant alleged he was discriminated against on the ground of his family responsibilities.

The respondent employer said the complainant was dismissed because he took multiple days off work at short notice. The employer denied that terminating the complainant's employment was discriminatory.

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

Sex discrimination - direct

Marital status - direct

Family responsibility (dismissal only)

Victimisation

Employment

Financial compensation

$6569.34

The complainant alleged he was dismissed from his employment with the respondent company because of his sex, martial status and family responsibilities and also because he made an internal complaint alleging discrimination.  

The respondent company denied the allegations and said the complainant's employment was terminated because of performance problems which had not improved during the probation period.

The complaint was resolved on the basis that the respondent company would pay the complainant $6,569.

Sexual Harassment

Employment

Financial compensation

$35,000

The complainant claimed she was sexually harassed by a co-worker in the course of her employment. The alleged actions of the co-worker included: making comments such as “how much do you charge Friday and Saturday nights with your legs open”; touching her bottom and pulling her towards him; and feeling her breast and other parts of her body through her uniform.
The complainant said she made a complaint to her employer but was not happy with the manner in which her complaint was dealt with. She claimed her health deteriorated because of her co-worker's actions and the lack of support and assistance from her employer.

The respondent company advised that the co-worker had admitted to some of the alleged actions and comments and he was issued with a warning and told that his employment may be terminated. The co-worker also verbally apologised to the complainant.

The complaint was resolved with an agreement that the respondent would pay the complainant $35,000 compensation.

Pregnancy - direct

Pregnancy - indirect

Employment

Financial compensation

$5,118

The complainant alleged she was treated less favourably in her employment because she was pregnant. She claimed she asked not to have to travel after she was 20 weeks pregnant because of earlier miscarriages and the company insisted she provide a medical certificate to support her request. She also claimed that her leave was scrutinised and she was criticised for restricting her travel and taking time off work to visit her doctor. The complainant said she subsequently resigned.

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

The complaint was resolved with an agreement that the company would pay the complainant compensation equivalent to six weeks loss of wages.

Pregnancy - direct

Pregnancy - indirect

Employment

Financial compensation

Reference/Statement of Service provided

$10,000

The complainant, who was employed as a manager with the respondent retail company, alleged she was discriminated against because of her pregnancy. She claimed her managers unfairly criticised her performance and threatened her with a formal warning. The complainant said that as she had been feeling unwell with her pregnancy, she requested a transfer to a store closer to her home but her request was refused.

The respondent company denied that the complainant was treated less favourably because of her pregnancy. The company said that the complainant's performance was below the required standard. The company advised that the complainant's transfer request was refused because there was no vacancy at that particular store and the transfer would have caused unreasonable costs for the company.

The complainant did not wish to continue her employment with the company and the complaint was resolved with an agreement that the company would pay the complainant $10,000 in compensation and provide her with a statement of service.

Sex discrimination - direct

Sex discrimination - indirect

Goods/services & facilities

Record changed

The complainant is a post-operative male to female transgender person. She alleged the respondent superannuation provider would not change her sex on documents to reflect her current gender and continued to send her correspondence addressed to her former name. The complainant said she had already provided the necessary documents so the respondent could amend her records. She  claimed she had been discriminated against due to a change in her sex.  

The complaint was resolved with an agreement that the respondent would update its records with the complainant's change of name and provide the complainant with confirmation of this in writing.

Grounds

Sex discrimination - direct

Sex discrimination - indirect

Areas

Goods/services & facilities

Terms Of Settlement

Goods/services/facilities - revised terms and conditions

Undertaking to cease action

Compensation

Complaint Summary

The complainant alleged that a local food outlet was using posters of near naked women with offensive tag lines to advertise their products. The complainant claimed this material was derogative and discriminatory towards women.

When the company was notified of the complaint, it removed the promotional material which was the subject of the complaint. The complainant advised that she was satisfied with this action by the company.

Grounds

Sex discrimination - indirect

Areas

Administration of Commonwealth programs

Terms Of Settlement

Undertaking to cease action

Compensation

Complaint Summary

The complainant is a female to male transgender person. He alleged the respondent government agency had relevant information about his gender but kept requiring him to reconfirm information about his gender at regular intervals.

The complaint was resolved on the basis that the respondent agency would up-date its records in relation to the complainant's gender and would no longer require him to provide proof of gender at relevant intervals.

Sexual Harassment

Administration of Commonwealth programs

Goods/services & facilities

Apology - private

Policy change/change in practice (internal staff)

The complaint was lodged by a father on behalf of his daughter. The complainant alleged that at an event organised by a government department, his daughter was sexually harassed by two other male attendees. The alleged behaviour included that they asked his daughter personal questions such as whether she shaved her private parts, if they could put their hands down her pants and if they could go back to her room with her. The complainant claimed the matter was reported to a senior female staff member but it was not taken seriously.

The department denied discrimination but confirmed that an incident had taken place. The department said that on being advised of the matter, appropriate action was taken including the boys being interviewed and counselled about their behaviour.

The complaint was resolved with an agreement that the department would provide the complainant with an apology and initiate changes in relation to supervision at future events.