Conciliation Service
Australian Human Rights Commission
If you think you have been discriminated against at work, we can help you resolve the problem though our conciliation service.
- Our staff have specialised skills to help people resolve complaints about discrimination.
- Most complaints to the Commission are successfully resolved in conciliation.
- It doesn’t cost anything to participate in conciliation at the Commission. There are no filing fees or application fees.
- Conciliation is not like a court or tribunal - it’s an informal process where you and the other people involved can talk about the problem and try to find a solution.
- Conciliation is a quick way to resolve disputes. Conciliation can help you sort out the problem straight away so you can keep your job.
- There may be other outcomes from conciliation such as agreements to provide an apology, pay lost wages or other compensation, or develop training or policies to prevent discrimination.
- You do not need to have a lawyer to take part in conciliation but you can ask to bring a lawyer or advocate if you want to.
- Conciliation meetings are held in cities and other rural locations around Australia or they can take place over the phone.
Here are some examples of complaints and how they were resolved in conciliation.
Alison’s complaint about sex and pregnancy discrimination
Alison works as a driver with a transport company and recently took maternity leave. At the end of her leave, Alison told the company that she wanted to go back to work part-time, as she did not have full-time care for her baby. Alison said the company told her she had to come back to work full-time or resign. After Alison made a complaint to the Commission, a conciliation meeting took place. At the conciliation meeting the company agreed that Alison could return to work part-time.
Raymond’s complaint about race and disability discrimination
Raymond is an international student from India who works part-time with a fast food company. Raymond said there was an accident one night at work and he injured his arm. Raymond claimed that his manager did not call a doctor for him, refused to pay his medical allowances and told him he would “send him back to India”. Raymond said he was sacked one week after the accident. While the company did not agree with everything that Raymond said, they agreed to attend a conciliation meeting. At the conciliation meeting the company agreed to reinstate Raymond to a similar job at a different location, to help him make a worker’s compensation claim, and pay him the wages he had lost. Raymond’s previous manger also wrote a letter of apology to Raymond.
Here are some of the things that people who have been involved in conciliation have said:
“The staff were brilliant…. I was very happy with the result and the process”.
“It’s a very professional and commonsense way of handling problems.”
“The complaint process was great. I had no problems with anything and found the process and the people very open and easy to deal with.”
“The officer was very good. He kept me very informed all the way through the process."
“The …process worked very well. It was very easy and smooth. I very much appreciated the conciliation process – particularly that it provided a neutral forum to talk about the complaint and that it was structured very well. It was helpful to have that time to …talk about the issues.”
“Commission staff are well trained, client service focused and understand the Alternative Dispute Resolution process.”
“The matter was handled in a manner that was most respectful to the client and to the other party. It was conciliatory and the outcome was excellent.”
- Click here to see sections of the Commission’s DVD on conciliation
- Click here for more written information about conciliation
Other examples of conciliation
Aida’s complaint about disability discrimination
Aida has a slight hearing loss in one ear. Aida applied for a customer service job with a government department, through a private recruitment company. Aida had to do a pre-employment medical assessment. Aida said the recruitment agency told her she had not passed the medical assessment as there was a concern that she would not be able to do the telephone work that was required. When the Commission contacted the department about Aida’s complaint, the department said they wanted to be involved in conciliation. At conciliation, the department offered Aida a customer service position for a three-month probationary period.
Skye’s complaint about age discrimination
Skye is 16 years old and works on a casual basis with a recreation company. In her complaint, Skye said she hadn’t been given any shifts for about 4 months. Skye claimed this was because she had been replaced by younger workers. Skye’s employer did not agree with what Skye said but agreed to be involved in conciliation. The complaint was resolved with an agreement that Skye would transfer to a different branch of the company. Skye was happy with this arrangement.
Maiko’s complaint about sex and pregnancy discrimination
Maiko worked as a project manager with a training company. She said that while she was on maternity leave her position was restructured and this meant she had less responsibility and needed to travel more. Maiko also said the company told her she couldn’t work part-time. Maiko said she didn’t want to work with the company any more but she felt they had treated her unfairly. Maiko’s complaint was resolved within a month, with an agreement that the company would pay Maiko all her entitlements, four weeks pay in lieu of notice and an additional $9,000.
