Conciliation register - Disability Discrimination Act 1992: For complaints conciliated and finalised in the period of Jan - June 2010

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DISABILITY DISCRIMINATION ACT 1992

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

Areas by:

Clubs and incorporated associations

Grounds
Disability of person(s) aggrieved - direct
Disability of person(s) aggrieved - indirect
Areas
Clubs/incorporated associations
Terms of Settlement
Other - please specify
Statement of regret - public
Compensation
Complaint Summary

The complainant advised that he has a learning disability. He alleged that the respondent association discriminated against him by suspending him from his work for the association, suspending his membership and placing conditions on his membership and work.

The respondent association denied discrimination and said the complainant's membership had not been suspended. The association said the complainant had been stood down from work for the association because of concerns about his conduct.

The complaint was resolved with an agreement which included that the association would make a statement of regret at a general meeting and post the statement on the association's notice board; allow the complainant to nominate a person to sit on the committee investigating any future allegations of misconduct and recognise the complainant's right to have a support person should he be the subject of any future investigations.


Education

Grounds
Disability of person(s) aggrieved - direct
Disability of person(s) aggrieved - indirect
Areas
Education
Unlawful to contravene Disability standards
Terms of Settlement
Education - adjustment provided - other
Other - please specify
Compensation
Complaint Summary

The complainant advised that her son has cerebral palsy and uses a wheelchair. The complainant alleged that the teachers at the respondent private school refused to assist her son with the equipment on his wheelchair and frequently yelled at him. The complainant said she subsequently withdrew her son from the school.

On being advised of the complaint, the respondent denied the allegations but indicated it was prepared to participate in conciliation.

The complaint was resolved with an undertaking by the respondent that it would ensure its policy regarding accommodation of students with a disability is fully implemented for future students and this would include implementing an Individual Education Plan, an Individual Transition Plan and an Individual Health Plan for such students.


Grounds
Disability of person(s) aggrieved - direct
Disability of person(s) aggrieved - indirect
Areas
Education
Unlawful to contravene Disability standards
Terms of Settlement
Financial compensation
Other - please specify
Compensation

$1,500

Complaint Summary

The complainant advised that her nine year old son has asperger's syndrome and said that she wished to complain about two schools operated by the same private education provider. The complainant claimed that within days of her son commencing at the first school, his enrolment was terminated on the ground of his disability and then his application to the second school was declined.

The respondent denied the allegations. The respondent claimed enrolment at the first school was terminated because the complainant had withheld information in the application form. The respondent said the application to the second school was unsuccessful because there were no vacancies at that school.

The complaint was resolved at a conciliation conference with an agreement that the respondent would assist the complainant with her son's enrolment for the upcoming school year and pay her $1,500 in compensation.


Grounds
Disability of person(s) aggrieved - direct
Disability of person(s) aggrieved - indirect
Areas
Education
Unlawful to contravene Disability standards
Terms of Settlement
Financial compensation
Compensation

$1,0743

Complaint Summary

The complaint was lodged by a parent on behalf of her 14 year old daughter who has Sotos Syndrome and an intellectual disability. The complainant said her daughter was excluded from her school classroom and not allowed to use the school library for a period of time. The complainant alleged that since her daughter had enrolled in the school she had become aware of numerous instances of non-compliance with the Disability Standards for Education 2005.

When advised of the complaint, the respondent school indicated a willingness to try to resolve the matter.

The complaint was resolved through a conciliation process, with the respondent school providing the complainant $10,743.00 in financial compensation (the monetary value of one year of school fees, had the complainant's daughter remained at the school).


Grounds
Disability of person(s) aggrieved - direct
Disability of person(s) aggrieved - indirect
Areas
Education
Unlawful to contravene Disability standards
Terms of Settlement
Education - adjustment provided - other
Education - enrolment provided
Education - revised terms & conditions
Compensation
Complaint Summary

The complainant has a vision impairment and requires extra time to process visual information. The complainant enrolled in a health science degree at the respondent university. The complainant said the respondent had offered her extra time to complete assessments up to the 5th year of the course. The complainant claimed that the adjustments provided from that time on did not adequately accommodate her disability and as she had failed two practical assessments she was unable to enrol in the next year.

When advised of the complaint the respondent university agreed to participate in conciliation.

The university agreed to arrange for the complainant to transfer to a course closer to her home and family where she could get more support. If this was not successful, the respondent agreed that the complainant could reenrol with additional time to do practical assessments. The complainant was satisfied with this outcome.


Grounds
Disability of person(s) aggrieved - direct
Disability of person(s) aggrieved - indirect
Areas
Education
Unlawful to contravene Disability standards
Terms of Settlement
Other - please specify
Compensation
Complaint Summary

The complainant said that her 14 year old daughter who is Indigenous, has ADHD and a conduct disorder. The complainant alleged that her daughter was regularly suspended from the respondent high school because of her behaviour and that appropriate adjustments were not provided to accommodate her daughter's disability. The complainant also alleged that her daughter's behaviour was the result of racial harassment by other students. The complainant subsequently withdrew her daughter from the school.

When 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 school would provide the complainant's daughter with a student stationery pack, and loan her a desktop computer for use at home while she continues her studies and a lap top computer for use at her new school.


Grounds
Disability of person(s) aggrieved - direct
Disability of person(s) aggrieved - indirect
Areas
Education
Unlawful to contravene Disability standards
Terms of Settlement
Statement of regret - private
Financial compensation
Other - please specify
Compensation

$551

Complaint Summary

The complainant has an intellectual disability and dyslexia. The complainant said she enrolled in a vocational course and asked teachers for assistance with reading and writing to accommodate her disability but this was not provided. The complainant said she eventually withdrew from the course due to lack of support.

The respondent said that the course was already modified for people with intellectual disabilities and that minimal reading and writing was required. It claimed that the complainant had difficulties with the course after she had taken extended leave due to a hospitalisation.

The complaint was resolved with an agreement that the respondent would provide the complaint with a statement of regret and offer her a place in the course should she decide to return. The respondent also agreed to pay the complainant's course cost of $551.


Grounds
Disability of person(s) aggrieved - direct
Disability of person(s) aggrieved - indirect
Areas
Education
Unlawful to contravene Disability standards
Terms of Settlement
Education - adjustment provided - other
Compensation
Complaint Summary

The complainant advised that her child attends a special education unit in the respondent public primary school. The complainant claimed that children in the special education class, were not being permitted to attend school excursions because of their disabilities.

When advised of the complaint, the respondent indicated a willingness to participate in conciliation.

The complaint was resolved with an agreement that the respondent would implement a number of measures to ensure children in the special class are able to attend excursions. These measures include: taking steps to ensure that the special class teacher is aware of upcoming excursions and other activities with sufficient time to identify potential individual outcomes for the students; and conducting a risk assessment and ensuring appropriate support for children if they are participating in an excursion or activity outside the school grounds.


Grounds
Disability of person(s) aggrieved - direct
Disability of person(s) aggrieved - indirect
Areas
Education
Unlawful to contravene Disability standards
Terms of Settlement
Education - adjustment provided - other
Compensation

The complaint was lodged by a student with a physical disability in her right arm and learning difficulties (including visual motor issues, language issues and attention deficit hyperactivity disorder). The complainant said that due to her disabilities, she could not write by hand for sustained periods or competently verbalise to a scribe. The complainant said she had been told that she could not use a specialised laptop for a tertiary entrance examination and was required to use a scribe instead.

When advised of the complaint, the respondent indicated a willingness to try to resolve the matter.

The complaint was resolved within two working days, with the respondent agreeing that the complainant could use the specialised laptop for the relevant section of the exam.

Complaint Summary

Grounds
Disability of person(s) aggrieved - direct
Disability of person(s) aggrieved - indirect
Areas
Education
Terms of Settlement
Education - adjustment provided - other
Compensation
Complaint Summary

The complainant advised that her son has autism and limited verbal communication skills. The complainant alleged her son was physically assaulted on the bus from school. The complainant said her son acted in an inappropriate manner when physically assaulted and so he was excluded from using the school bus.

The respondent school denied discrimination on the basis of disability. The school said that the complainant's son could not travel on the bus without appropriate supervision and there were no funds to provide such supervision.

The complaint was resolved with an agreement that the respondent would provide travel training for the complainant's son to enable him to travel independently either on the bus service or by train.


Grounds
Disability of person(s) aggrieved - direct
Disability of person(s) aggrieved - indirect
Areas
Education
Unlawful to contravene Disability standards
Terms of Settlement
Financial compensation
Record changed
Training - anti-discrimination/EEO staff training introduced
Other - please specify
Compensation

$3,000

Complaint Summary

The complainant said her 12 year old son, who has Autism Spectrum Disorder and Dyspraxia, is non-verbal and uses facilitated communication. The complainant said her son was suspended from one of the respondent's schools because of behaviour related to his disability and another school refused to accept his enrolment.

The private education provider agreed that this had occurred and said that the complainant's son was not admitted to the school because the adjustments he required would cause unjustifiable hardship.

The complaint was resolved with an agreement that the education provider would: expunge the suspension from the student's record; arrange training for staff on obligations under relevant anti-discrimination law; work with the public school the complainant's son now attends to facilitate a successful transition; and pay the complainant $3,000 compensation.


Grounds
Disability of person(s) aggrieved - direct
Disability of person(s) aggrieved - indirect
Areas
Education
Unlawful to contravene Disability standards
Terms of Settlement
Education - adjustment provided - other
Education - enrolment provided
Education - revised terms & conditions
Compensation
Complaint Summary

The complainant has Attention Deficit Hyperactivity Disorder. The complainant claimed that the respondent tertiary institution refused his application for enrolment due to concerns about his alleged aggressive behaviour and poor performance.

The respondent institution denied disability discrimination. The institution said it did not refuse the complainant's enrolment but rather, requested that the complainant attend a meeting to discuss the institution's behaviour policies and clarify the support he required.

The complaint was resolved with an agreement that the institution would organise a meeting between the complainant, a counsellor and the CEO to discuss the complainant's enrolment and to share information to enable the institution to understand and address his support needs.


Grounds
Disability of person(s) aggrieved - direct
Areas
Education
Unlawful to contravene Disability standards
Terms of Settlement
Statement of regret - private
Financial compensation
Compensation

$21,500

Complaint Summary

The complaint was lodged by parents on behalf of their teenage daughter who has bi-polar disorder. The complainants said their daughter was expelled from the respondent private school because of her behaviour. The complainants claimed the school should have given greater consideration to their daughter's disability and its effects and should not have expelled her in such a harsh manner.

The school claimed the complainant's daughter was not expelled but was removed from the school and assisted to complete her studies through a hospital facility.

The complaint was resolved with an agreement that the school would provide the complainant's daughter with a statement of regret and refund school fees for a designated period.


Grounds
Disability of person(s) aggrieved - direct
Disability of person(s) aggrieved - indirect
Areas
Education
Unlawful to contravene Disability standards
Terms of Settlement
Education - adjustment provided - physical modifications
Employment - adjustment provided - other
Compensation
Complaint Summary

The complaint was lodged by a father on behalf of his primary school aged daughter who has dyspraxia, ADHD, a hearing impairment and an anxiety disorder. The complainant advised that in order to do school work, his daughter requires a lap top computer or a scribe. The complainant said his daughter was to sit an exam in 3 weeks time and he had been told his daughter would not be provided with an adjustment to accommodate her disabilities.

The complaint was resolved when the complainant's father completed necessary application documents and arrangements were put in place for his daughter to have the necessary accommodation in the exam.


Grounds
Disability of person(s) aggrieved - direct
Disability of person(s) aggrieved - indirect
Areas
Education
Unlawful to contravene Disability standards
Terms of Settlement
Financial compensation
Compensation

$10,000

Complaint Summary

The complainant, who has a vision impairment, claimed the respondent tertiary education provider failed to provide textbooks for him in an accessible format. The complainant also said that his request to use a computer during exams and to have exam scripts available electronically to support use of text-to-speech software was declined, which led to him failing a subject. He also claimed the education provider rejected his application for special consideration for the subject he failed.

The education provider said attempts were made to provide the complainant with digitised textbooks. The respondent said that the complainant made requests for additional exam modifications two days prior to his first exam and due to the late notice, the request could not be accommodated. The education provider said the complainant was provided with additional time to complete the exams and was also allowed to use his own laptop for his second exam.

The complaint was resolved with the respondent agreeing to pay the complainant $10,000 compensation.


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Employment

Grounds
Disability of person(s) aggrieved - direct
Disability of person(s) aggrieved - indirect
Areas
Employment
Terms of Settlement
Financial compensation
Compensation

$7,000

Complaint Summary

The complainant was employed by the respondent company as a labourer. The complainant said he had to take three months off work because he was involved in a car accident and received a head injury and spinal fractures. The complainant said he advised the respondent of his injuries and the necessary period of leave and was subsequently told his position was made redundant. He alleged he was selected for redundancy because of his disability.

The respondent denied its decision to finalise the complainant's employment was due to his disability. The respondent said that at the time the complainant was dismissed, redundancies were occurring across the business.

The complaint resolved with the respondent agreeing to pay the complainant $7,000 in general damages.


Grounds
Disability of person(s) aggrieved - direct
Harassment
Areas
Employment
Terms of Settlement
Financial compensation
Apology - private
Compensation

$4,000

Complaint Summary

The complainant has a physical disability and was employed with the respondent government agency for a number of years. The complainant claimed that one of his supervisors treated him less favourably by not providing him with adequate breaks, by suggesting to others that he was lazy, by referring to his disability in derisive terms and by not allowing him to transfer to another work site. The complainant said he resigned because of the way he was treated.

The respondent agency denied disability discrimination.

The complaint resolved through conciliation with an agreement that the respondent would provide the complainant with an apology and pay him $4,000 general damages.


Grounds
Disability of person(s) aggrieved - direct
Areas
Employment
Terms of Settlement
Statement of regret - private
Financial compensation
Compensation

$1,000

Complaint Summary

The complainant advised that he has a previous work related injury and successfully applied for a position with the respondent company. The complainant claimed that the respondent withdrew its offer of employment on the basis of his pre-employment medical assessment.

The respondent said the complainant was not offered a position because he did not have the required level of experience and also because the pre-employment assessment indicated he was likely to have difficulty performing the inherent requirement of the position .

The complaint was resolved through a conciliation process with the respondent agreeing to provide a statement of regret and make a donation of $1,000 to an agreed charity.


Grounds
Disability of person(s) aggrieved - direct
Disability of person(s) aggrieved - indirect
Areas
Employment
Terms of Settlement
Financial compensation
Reference/Statement of Service provided
Statement of regret - private
Compensation

$1,000

Complaint Summary

The complainant advised that she had been employed with the respondent childcare service for five months. She said she wears a medical alert bracelet for drug allergies, wears multi focal glasses and has short term memory problems. The complainant claimed the director inappropriately questioned her about her medical alert bracelet and work colleagues made inappropriate comments about her glasses and mimicked her. She alleged that her employment was terminated shortly after she made an internal complaint about the above incidents.

The respondent denied disability discrimination and claimed that the complainant's employment was finalised because of performance issues.

The complaint was resolved at a conciliation conference with the respondent agreeing to pay the complainant $1,000 general damages, and provide her with a statement of service and a statement of regret.


Grounds
Disability of person(s) aggrieved - direct
Disability of person(s) aggrieved - indirect
Areas
Employment
Terms of Settlement
Employment - revised terms and conditions
Compensation
Complaint Summary

The complainant advised that he has an anxiety disorder and is employed as a teacher in a public school. He said the respondent department appointed him to another school some 100kms from his home and he could not accept the appointment because of his anxiety disorder.

The complaint was resolved when, after the Commission discussed the complaint with the respondent department, the department confirmed that the complainant could stay at his current school.


Grounds
Disability of person(s) aggrieved - direct
Disability of person(s) aggrieved - indirect
Areas
Employment
Terms of Settlement
Financial compensation
Reference/Statement of Service provided
Compensation

$7,300

Complaint Summary

The complainant had been employed as a packer with the respondent company. She said that after exacerbating a previous injury, she told her employer she could no longer perform any heavy lifting. She claimed she was told that she was too old for the work and her employment was terminated because of her age and her work injury.

The respondent company confirmed that the complainant's employment was terminated but claimed this was due to her inability to perform the inherent requirements of the job.

The complaint was resolved through ongoing negotiations after a conciliation conference. The respondent company agreed to provide the complainant with a statement of service and a termination payment of $7,300


Grounds
Disability of person(s) aggrieved - indirect
Areas
Employment
Terms of Settlement
Financial compensation
Compensation

$3,000

Complaint Summary

The complainant has a lower back injury and was employed by the respondent food retailer. The complainant claimed that because of her back injury, she requested assistance to complete a task but the manager instructed other staff not to help her. She said she had an argument with the manager about this and was dismissed.

The company said the complainant was dismissed because of her behaviour toward the manager.

The respondent agreed to resolve the complaint by paying the complainant $3,000 compensation.


Grounds
Disability of person(s) aggrieved - direct
Disability of person(s) aggrieved - indirect
Areas
Employment
Terms of Settlement
Employment - adjustment provided - other
Training - anti-discrimination/EEO staff training introduced
Compensation
Complaint Summary

The complaint was lodged by parents on behalf of their 38 year old son who has a profound hearing disability. The complainants said their son had worked with the respondent airport services company for 15 years and in more recent years, had been unreasonably barred from doing outdoor duties. Other allegations in the complaint included that the company did not take appropriate action to ensure that their son could fully understand important information discussed at staff meetings.

The company agreed to participate in conciliation.

The outcomes discussed and agreed at conciliation included that the company would: arrange and pay for an independent risk assessment of the outdoor duties; provide deafness awareness training for staff and take action to ensure that the complainant understood discussions at staff meetings, including providing an Auslan interpreter where necessary.


Grounds
Disability of person(s) aggrieved - direct
Disability of person(s) aggrieved - indirect
Areas
Employment
Terms of Settlement
Employment - adjustment provided - other
Compensation
Complaint Summary

The complainant advised that she has chronic headaches due to nerve damage, and is employed with the respondent retail store. The complainant said her manager ignored her medical certificate which indicated that she needed to work reduced hours and not on Saturdays. The complainant claimed that her manager and a fellow employee harassed and bullied her because of her disability.

The respondent company denied that the complainant had been bullied or harassed and said that attempts had been made to accommodate her requirements.

The complaint was resolved with an agreement that the employer would continue to consult with the complainant in relation to shift rotation and ways to accommodate her disability.


Grounds
Disability of person(s) aggrieved - direct
Disability of person(s) aggrieved - indirect
Areas
Employment
Terms of Settlement
Employment - other opportunity provided
Employment - job offer
Compensation
Complaint Summary

The complainant advised that as a result of injuries arising from a serious car accident, he was in rehabilitation for over a year. He said he then applied for a position as a croupier at the respondent entertainment complex, and undertook a required pre-employment medical assessment which determined he was only fit to work part-time. The complainant claimed the respondent withdrew the job offer on the basis that he was required to attend full-time training and could not do so. The complainant said that a medical assessment in another context determined he was fit for full-time work.

The respondent advised that the position of croupier involved long hours of standing and said it had not offered the complainant employment as claimed.

The complaint was resolved with an agreement that the respondent would provide the complainant with a position on the next croupier training course (paid training) and arrange employment for him if he successfully completed the required qualification. The respondent also offered the complainant alternative employment for the two months prior to the commencement of the next training course.


Grounds
Disability of person(s) aggrieved - direct
Disability of person(s) aggrieved - indirect
Areas
Employment
Terms of Settlement
Employment - revised terms and conditions
Complainant satisfied with response/information provided/action taken
Compensation
Complaint Summary

The complainant advised he had a heart attack and after a month off, returned to his work as a storeman at the respondent company. The complainant said his manager made him do duties in contravention of his medical limitations and also pushed him and threatened him. The complainant also claimed that his work hours were reduced because of his disability.

When advised of the complaint, the respondents denied disability discrimination but indicated a willingness to try to resolve the matter.

The complaint was resolved with an agreement that the company would ensure the complainant received his entitled hours of work and also take necessary steps to ensure he was not subjected to harassment and/or bullying.


Grounds
Disability of person(s) aggrieved - direct
Disability of person(s) aggrieved - indirect
Areas
Employment
Terms of Settlement
Employment - other opportunity provided
Statement of regret - private
Compensation
Complaint Summary

The complainant advised that she works as a customer service officer with the respondent government department and has task specific dystonia, which can make repetitive tasks such as typing painful. The complainant claimed she was offered a short term promotion in a different section but the offer was withdrawn when the manager became aware of her disability. The complainant said she had been successfully using a voice recognition computer software program to reduce the amount of typing that she did.

The department denied disability discrimination. The department said that in the short term role, the complainant would be required to work on a number of databases and it would be very complex to make these compatible with the voice recognition software. The department claimed that it could not provide these adjustments within a reasonable timeframe.

Prior to the conciliation conference, the department agreed to facilitate a functional capacity assessment for the complainant to provide her with information about what roles would be suitable for her in light of her medical restrictions. The complaint was subsequently resolved with an agreement that the department would provide the complainant with a statement of regret and pay for her to obtain a qualification to further her career.


Grounds
Disability of person(s) aggrieved - direct
Disability of person(s) aggrieved - indirect
Areas
Employment
Terms of Settlement
Apology - private
Financial compensation
Compensation

$41,000

Complaint Summary

The complainant said she was employed by the respondent care facility to do a number of duties, including active patient care. She said that when she commenced, she had a significant hearing impairment but this deteriorated suddenly and she was now profoundly deaf. The complainant claimed her employer harassed and intimidated her because of her disability by action which included berating her in front of other employees, reducing her hours, forcing her to take leave because of her perceived incapacity for work, not providing adequate materials to enable her to participate in staff training sessions, and by terminating her employment.

The respondent claimed the complainant had requested a reduction in working hours and said attempts had been made to accommodate her disability in the workplace.

The complaint was resolved with an agreement that the respondent would provide the complainant with an apology and pay her $41,000 compensation.


Grounds
Disability of person(s) aggrieved - direct
Disability of person(s) aggrieved - indirect
Areas
Employment
Terms of Settlement
Financial compensation
Compensation

$4,000

Complaint Summary

The complainant said he commenced work as a labourer with the respondent company and was required to attend a pre-employment medical assessment several days after he started. The complainant claimed that after the results of the assessment were received, he was told there was no more work. The complainant said he had documents which indicated that he was fit to perform the role.

The respondent denied discriminating against the complainant.

The complaint was resolved by conciliation with the respondent agreeing to pay the complainant $4,000 in general damages.


Grounds
Disability of person(s) aggrieved - direct
Disability of person(s) aggrieved - indirect
Areas
Employment
Terms of Settlement
Apology - private
Financial compensation
Compensation

$3,000

Complaint Summary

The complainant advised that as a result of a stroke, she has reduced use of her right arm and slightly slurred speech. She said she successfully applied for a position as a residential support worker with the respondent welfare service but was not appointed to the position because of her disability.

The respondent denied that it provided the complainant a formal offer of employment or dismissed her. The respondent said the complainant was not employment because reference checks highlighted issues with her professional work practice.

The complaint was resolved with an agreement the respondent would provide the complainant with an apology and pay her $3000 compensation.


Grounds
Disability of person(s) aggrieved - direct
Disability of person(s) aggrieved - indirect
Areas
Employment
Terms of Settlement
Financial compensation
Compensation

$5,000

Complaint Summary

The complainant advised that he was injured in the warehouse where he worked. He claimed that after this, he was berated and humiliated by the warehouse manager in relation to his injury and his associated workers compensation claim. The complainant said he was unfairly targeted for redundancy because of his disability.

The respondent company said the redundancy program was carried out fairly. However, the company acknowledged that the complainant's disability was a consideration.

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


Grounds
Disability of person(s) aggrieved - direct
Disability of person(s) aggrieved - indirect
Areas
Employment
Terms of Settlement
Employment - other opportunity provided
Policy - anti-discrimination/EEO policy reviewed/revised
Statement of regret - private
Compensation

$3,000

Complaint Summary

The complainant was employed as a team leader with the respondent manufacturing company. She said she was recovering from cancer treatment and so requested a temporary change in her work responsibilities. She claimed that in response, the company permanently changed her work responsibilities and froze her salary. She said the company decided she was unfit to work without an appropriate assessment.

On being advised of the complaint, the respondent agreed to try to resolve the matter.

The complaint was resolved with an agreement that the company would pay for $3,000 in relevant training for the complainant, review its anti-discrimination policies and procedures and provide the complainant with a statement of regret.


Grounds
Disability of person(s) aggrieved - direct
Disability of person(s) aggrieved - indirect
Areas
Employment
Terms of Settlement
Employment - adjustment provided - other
Employment - revised terms and conditions
Compensation
Complaint Summary

The complainant advised that she was a permanent full-time employee with the respondent government department. She said she was engaged in a gradual return-to-work program following a period of maternity leave with a view to working four days per week. The complainant said that during this period she developed pneumonia which required her to be hospitalised and left her with a condition similar to chronic fatigue syndrome. The complainant claimed she asked to work from home one or two days per week to accommodate her temporary disability but this was refused. The complainant alleged that her employer failed to explore a suitable arrangement to enable her to return to her substantive role.

The respondent claimed the complainant was employed on a part-time basis (three days per week) due to her circumstances. The respondent denied declining the complainant's request to work from home on the ground of her disability and claimed that the role was unsuitable to be performed from home.

The complaint was resolved with an agreement that the respondent would recognise the complainant as a full-time employee, allow her to work four or five days per week pending satisfactory medical evidence clearance, and provide her with a car space for a six month period.


Grounds
Disability of person(s) aggrieved - direct
Disability of person(s) aggrieved - indirect
Areas
Employment
Terms of Settlement
Apology - private
Reference/Statement of Service provided
Financial compensation
Compensation

$800

Complaint Summary

The complainant was employed as a sales clerk with the respondent retail company. She claimed she had an incident with her supervisor who then questioned her about whether she had a mental illness. The complainant said she disclosed that she had bi-polar disorder and was then dismissed as her employer was upset that she had not disclosed her disability in the job application process. The complainant claimed that her disability was not relevant to the inherent requirements of the job.

The respondent denied disability discrimination and said the complainant dismissed because of poor performance.

The complaint was resolved with an agreement that the respondent would provide the complainant with a written apology, a reference and $800 compensation.


Grounds
Disability of person(s) aggrieved - direct
Disability of person(s) aggrieved - indirect
Areas
Employment
Terms of Settlement
Financial compensation
Statement of regret - private
Compensation

$13,418

Complaint Summary

The complainant advised that she uses a walking stick and was employed as an interpreter with the respondent government department. The complainant said she uses a walking stick. She claimed that the respondent terminated her employment after two weeks because she had difficulty getting to and from her workplace.

The respondent claimed that the complainant's employment was finalised because she did not have specialised interpreter accreditation.

The complaint was resolved with an agreement that the respondent would pay the complainant $10,000 in general damages, $718 in unpaid wages and $2,700 for the complainant's legal costs. The respondent also provided the complainant with a statement of regret.


Grounds
Disability of person(s) aggrieved - direct
Disability of person(s) aggrieved - indirect
Associate - direct
Areas
Employment
Terms of Settlement
Financial compensation
Compensation

$5,000

Complaint Summary

The complainant was employed as a cleaner with the respondent company for three months before requiring time off for surgery. The complainant said she also had to take some time off work to care for her mother who was unwell. The complainant claimed that when she was sufficiently fit to return to work, the company told her that there was no work available and she had been dismissed.

The company denied disability discrimination. The company claimed the complainant was a casual employee and had refused an offer of permanent employment. The company said that while it was aware that the complainant was hospitalised for a period, it was not aware that the complainant needed to care for her mother. The company said the complainant's employment was finalised because she said she no longer wished to work in the role.

The parties participated in a conciliation conference and the matter was resolved with the respondent agreeing to pay the complainant $5,000 compensation.


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

$2,000

Complaint Summary

The complainant advised that she is 51 years of age. She claimed she was employed with the respondent government agency as a Customer Service Officer on a contract basis. She said that during the course of her employment, her supervisor did not provide her with adequate support and made inappropriate comments towards her because of her age. The complainant further claimed that her supervisor did not approve her request for flex leave to enable her to attend her mother's cancer surgery. The complainant said she was forced to resign due to the alleged less favourable treatment.

The respondent agency denied that the complainant was treated differently to other employees and denied she was forced to resign. The agency said the complainant's request for flex leave was made during the busiest time of the year and the complainant did not provide her supervisor with relevant information about the proposed leave.

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


Grounds
Disability of person(s) aggrieved - direct
Disability of person(s) aggrieved - indirect
Areas
Employment
Terms of Settlement
Financial compensation
Compensation

$18,000

Complaint Summary

The complainant said he was employed by the respondent company as a permanent part-time care worker. He advised that he has profound deafness in his left ear and vastly reduced hearing capacity in his right ear for which he wears a hearing aid. The complainant claimed his employer harassed and intimidated him because of his disability and his relationship with another employee. The alleged behaviour included berating him in front of other employees, reducing his working hours, forcing him to take leave because of his disability, not providing adequate materials to enable him to participate in staff training sessions and denying him a promotion because of his disability. The complainant said that he was forced to resign.

The respondent said it had made efforts to resolve the matter with the complainant in another forum. The respondent said the complainant had requested a reduction in working hours and had been disciplined for abandoning his duties.

The complaint was resolved with the respondent agreeing to pay the complainant $18,000 compensation.


Grounds
Disability of person(s) aggrieved - direct
Disability of person(s) aggrieved - indirect
Areas
Employment
Terms of Settlement
Financial compensation
Compensation

$3,500

Complaint Summary

The complainant advised that he experienced a skin reaction while working in a particular mining location. He said he lodged a workers compensation claim and was provided with alternative office duties. The complainant alleged he was harassed about his disability, his worker's compensation and the alternative duties.

The company said that it had conducted an investigation of the allegations and while it did not find conclusive evidence of discrimination, some employees were counselled and staff training was undertaken.

The complaint resolved at conciliation when the company agreed to pay the complainant $3,500.


Grounds
Disability of person(s) aggrieved - direct
Disability of person(s) aggrieved - indirect
Areas
Employment
Terms of Settlement
Financial compensation
Employment - other opportunity provided
Employment - revised terms and conditions
Compensation

$5,900

Complaint Summary

The complainant advised that she has depression, anxiety and agoraphobia, which led to some periods of sick leave. She claimed that her employer, a government agency, queried her ability to become a team leader because of her leave record. She also claimed her employer failed to adopt the recommendations of a fitness for duty assessment, tried to get rid of her and refused to transfer her to a new position because of her disabilities.

When advised of the complaint, the department indicated a willingness to try to resolve the matter.

The complaint was resolved with the department agreeing to pay the complainant $3,500 compensation, transfer her to a new position, reimburse her for $2,400 medical expenses and provide her with four sessions of career counselling.


Grounds
Disability of person(s) aggrieved - direct
Disability of person(s) aggrieved - indirect
Areas
Employment
Goods/services & facilities
Terms of Settlement
Apology - private
Financial compensation
Compensation

$5,000

Complaint Summary

The complainant advised that she has a back injury which limits her ability to walk longer distances. She said she was employed as a casual teacher with the respondent community service and during her employment, was not allowed to use an accessible parking space near her office.

The respondent organisation said the complainant did not advise of her disability at the commencement of her employment. The organisation claimed that any decision regarding the use of accessible parking had to be made by the relevant government department and the complainant's contract ended before the department was able to consider the issue.

The complaint was resolved through conciliation with an agreement that the respondent would provide the complainant with a letter of apology and $5,000 compensation.


Grounds
Disability of person(s) aggrieved - direct
Disability of person(s) aggrieved - indirect
Areas
Employment
Terms of Settlement
Financial compensation
Statement of regret - private
Compensation

$1,000

Complaint Summary

The complainant was employed as a part time sales assistant with the respondent retail company. She claimed that within a few weeks of commencing the role, she developed RSI in her wrist and experienced pain in her knees because of repeated bending. She said she notified her employer of this but was not provided with any adjustments to her work duties. She claimed that her employment was terminated after approximately 4 weeks because of her injuries.

The respondent company denied discrimination and said the complainant's employment was terminated because of ongoing problems with her performance.

The complaint was resolved with an agreement that the company would pay the complainant $1,000 compensation and provide her with a statement of regret.


Grounds
Disability of person(s) aggrieved - direct
Disability of person(s) aggrieved - indirect
Areas
Employment
Terms of Settlement
Financial compensation
Reference/Statement of Service provided
Policy - anti-discrimination/EEO policy reviewed/revised
Training - anti-discrimination/EEO staff training reviewed/revised
Compensation

$2,500

Complaint Summary

The complainant advised she has a schizo affective disorder and was employed at the respondent aged care facility. The complainant said she experienced an episode of psychosis which led to her being counselled for behaviour and performance issues and her employment was subsequently terminated. The complainant claimed she was not provided with reasonable adjustments to assist her in the workplace.

The respondent employer said it was not aware that the complainant had a mental illness and claimed her employment was terminated because she was considered to have abandoned her employment.

The complaint was resolved with the respondent agreeing to provide the complainant with a statement of service and $2,500 compensation. The respondent also agreed to review its anti-discrimination/EEO policy and provide training for staff in relation to the policy.


Grounds
Disability of person(s) aggrieved - direct
Disability of person(s) aggrieved - indirect
Areas
Employment
Terms of Settlement
Financial compensation
Compensation

$500

Complaint Summary

The complainant advised that she has a history of depression, anxiety and post-traumatic stress disorder and has scars on her arms from a self-harm incident. She said that she was to work at the respondent hairdressing salon on a trial basis for three weeks with a view to gaining an apprenticeship. The complainant alleged that during one of these shifts, the owner of the salon told her that the scars on her arms were "not a good image for the business" and that they "didn't want someone with 'troubles' on their staff". The complainant said she stopped working at the salon thereafter and was not paid for time she worked.

The respondent hairdressing salon said the complainant was at the salon for one week of unpaid work experience and it was not aware of the complainant's disabilities. The respondent said a customer noticed the complainant's scars and so the complainant was told she could wear long sleeves if this would make her more comfortable. The salon said the complainant was treated compassionately and they had decided to offer her work but she did not return to discuss the work placement.

The complaint resolved with the respondent agreeing to pay the complainant $500 in general damages.


Grounds
Disability of person(s) aggrieved - direct
Disability of person(s) aggrieved - indirect
Areas
Employment
Goods/services & facilities
Terms of Settlement
Financial compensation
Statement of regret - private
Training - anti-discrimination/EEO staff training introduced
Compensation

$7,000

Complaint Summary

The complainant, who has cerebral palsy, said that with the assistance of a not-for-profit disability organisation, she found work with a local fast-food franchise. She claimed that without consultation, the not-for-profit organisation assessed her productivity rate at 60 % and told her that the only way she could stay in the job was to be on 60 % pro-rata wages. The complainant also claimed she sustained a workplace injury but was discouraged from making a workers compensation claim. She said that at her subsequent productivity assessment, she was still on modified duties due to her injury and the outcome of the assessment led to the finalisation of her employment.

In its response, the not-for-profit organisation said the complainant was consulted when negotiating the initial pro-rata wage and that her subsequent assessment was delayed to ensure she had recovered from the workplace injury. The fast-food franchise denied that it had discouraged the complainant from making a workers compensation claim. The franchise said the complainant was provided with modified duties in compliance with her doctor's recommendation and was also provided with training and counselling in relation to performance issues. The franchise said the complainant's employment was terminated because of poor performance.

The complaint was resolved with an agreement that the not-for-profit organisation and the fast-food franchise would pay the complainant $5000 and $2000 respectively. The not-for-profit organisation also agreed to provide the complainant with a letter of regret and arrange anti-discrimination training for all staff.


Grounds
Disability of person(s) aggrieved - direct
Areas
Employment
Terms of Settlement
Financial compensation
Compensation

$80,000 approximately

Complaint Summary

The complainant, who has a neurological condition characterised by occasional short term memory loss, was employed by a government department. She alleged she had been harshly and inappropriately disciplined over an incident in the workplace involving her disability and took a period of leave. She said that despite being medically cleared to return to work, her employer would not allow her to return and would not offer her meaningful work to perform at home. The complainant said she was afraid to discuss her disability or request adjustments because management had been so hostile in relation to the earlier incident. The complainant advised that she no longer wished to return to the workplace.

The respondent department denied the allegations but indicated a willingness to participate in conciliation.

The complaint was resolved with an agreement that the employer would provide the complainant with an appropriate redundancy package.


Grounds
Disability of person(s) aggrieved - direct
Disability of person(s) aggrieved - indirect
Areas
Employment
Terms of Settlement
Statement of regret - private
Employment - revised terms and conditions
Policy change/change in practice (internal staff)
Employment - other opportunity provided
Compensation
Complaint Summary

The complainant, who has depression, took significant amounts of leave from her job with a government department. The complainant said that when she tried to return to work she was ignored by co-workers and treated differently by management. The complainant also claimed that her manager wrote a report which included derogatory comments about her health.

The department disputed that the complainant had been treated differently by co-workers or management and said that some statements in the report were misleading and open to misinterpretation.

The complaint was resolved with an agreement that the department would provide the complainant with a statement of regret and work collaboratively with her and her union representative to finalise a 'return to work' program. The department also agreed that the complainant could nominate a member of the management team as a mentor and it agreed to provide staff with information about workplace support services.


Grounds
Disability of person(s) aggrieved - direct
Disability of person(s) aggrieved - indirect
Areas
Employment
Terms of Settlement
Financial compensation
Training - anti-discrimination/EEO staff training introduced
Compensation

$1,000

Complaint Summary

The complainant advised that he was employed on a casual basis as a cleaner with the respondent company. The complainant alleged he was dismissed because he has diabetes.

The respondent denied discrimination and said the complainant was dismissed because of poor performance.

The complaint was resolved with an agreement that the respondent would arrange for staff to undertake disability discrimination training and pay the complainant $1,000 compensation.


Grounds
Disability of person(s) aggrieved - direct
Areas
Employment
Terms of Settlement
Training - anti-discrimination/EEO staff training reviewed/revised
Apology - private
Compensation
Complaint Summary

The complainant, who has a vision impairment, said she applied for a teaching position through the respondent recruitment company. The complainant said she was offered an interview but after disclosing her disability and need for adjustments, the interview was cancelled and she was not contacted about other potential positions.

The respondent company said the interview was cancelled because the employer had decided not to continue with the recruitment.

The complaint was resolved with an agreement that the company would provide the complainant with an apology and revise its disability awareness training for staff.


Grounds
Disability of person(s) aggrieved - direct
Areas
Employment
Terms of Settlement
Financial compensation
Compensation

$15,000

Complaint Summary

The complainant was employed as a project officer with a government agency. She advised that she had a history of alcohol abuse in her teenage years and had been treated for depression. The complainant said personal problems led to her resuming her dependence on alcohol, after which she underwent voluntary rehabilitation at a detoxification centre. She alleged that on her return to work, her employer subjected her to random breath testing, took away her office and did not believe her when she made allegations of sexual harassment against a senior officer.

The respondent denied discrimination on the ground of disability, and said the measures taken when the complainant returned to work were reasonable in the circumstances. The respondent claimed the complainant's allegation of sexual harassment was investigated, but agreed that the investigation did not take place as quickly as it should have.

The employment relationship had ended and the complainant had found alternative employment prior to conciliation occurring. The complaint was resolved with an agreement that the respondent would pay the complainant $15,000 compensation.


Grounds
Disability of person(s) aggrieved - direct
Disability of person(s) aggrieved - indirect
Areas
Employment
Terms of Settlement
Financial compensation
Statement of regret - private
Compensation

$3,000

Complaint Summary

The complainant advised that he has slurred speech due to a medical condition. He claimed that during his employment with a government agency he was treated less favourably because of his disability. He claimed he was demoted during an amalgamation of services, his applications for promotion were unsuccessful and he was advised that he was not "articulate" enough to be a manager. The complainant said he resigned from his employment.

The respondent denied that the complainant was treated less favourably because of his slurred speech. The respondent claimed the complainant was not offered a management position because he did not have the requisite skills and qualifications. The respondent said that the term "articulate" was used in reference to the complainant's capacity to communicate policy issues and was not a reference to his slurred speech.

The complaint was revolved at conciliation with an agreement that the respondent would pay the complainant $3,000 and provide him with a statement of regret.


Grounds
Associate - direct
Associate - indirect
Areas
Employment
Terms of Settlement
Apology - private
Financial compensation
Compensation

$7,500

Complaint Summary

The complainant, who is from India and of Hindu religion, was employed by the respondent child care organisation. The complainant also cared for her husband who has a disability. The complainant alleged she was performance managed because she was from a non-English speaking background and was treated differently than other staff who were not of her race and religion. She also claimed that the organisation failed to accommodate her carer responsibilities.

The respondent denied that the complainant was treated any differently to other employees and said that clients had raised concerns about the complainant's communication skills and there were other performance issues. The respondent said the complainant was provide with work to coincide with her availability.

The complaint was resolved through negotiations following a conciliation conference. The respondent agreed to provide the complainant with a statement of regret and $7,500 compensation.


Grounds
Disability of person(s) aggrieved - direct
Disability of person(s) aggrieved - indirect
Areas
Employment
Terms of Settlement
Financial compensation
Statement of regret - private
Compensation

$2,500

Complaint Summary

The complainant advised that he injured his back while employed with respondent consultancy company, made a workers compensation claim and took leave. The complainant said that shortly after the injury he applied to transfer to another position within the company and his application was refused because of his worker compensation claim and associated leave. The complainant said that after this, he felt his position at the company was untenable and so he resigned.

The respondent denied disability discrimination and said the complainant was not offered the alternative position because he had previously advised he was not interested in the role and also because of performance issues.

The complaint was resolved with an agreement that the respondent would pay the complainant $2,500 and provide him with a statement of regret


Grounds
Disability of person(s) aggrieved - direct
Disability of person(s) aggrieved - indirect
Areas
Employment
Terms of Settlement
Financial compensation
Apology - private
Compensation

$7,300 approx.

Complaint Summary

The complainant was employed as a tradesperson in the respondent's factory. The complainant said he sustained facial injuries outside of his employment and required time off work. He claimed that despite having a medical certificate for leave from work, he was dismissed because of his absence.

The respondent company said it had no knowledge of the complainant's injuries. The company claimed the complainant was dismissed because of a long history of performance related issues and for failing to complete an urgent job due to his absence from work.

The complaint was resolved with an agreement that the respondent would pay the complainant approximately $7,300 and provide him with an apology.


Grounds
Disability of person(s) aggrieved - direct
Disability of person(s) aggrieved - indirect
Areas
Employment
Terms of Settlement
Employment - revised terms and conditions
Employment - adjustment provided - other
Compensation
Complaint Summary

The complainant advised that she has depression and anxiety and works as a customer service officer in a government department. The complainant said she was relocated to an office renowned for having abusive clientele. She claimed she reported several incidents of abuse and advised her employer that it exacerbated her depression and anxiety, but her employer did not address these concerns.

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

The complaint was resolved with an agreement that the department would take steps to rotate the complainant through other offices and allow her to access sick leave if she has concerns about returning to the particular office.


^Top

Goods, Services and Facilities (including access to premises)

Grounds
Disability of person(s) aggrieved - direct
Disability of person(s) aggrieved - direct
Areas
Goods/services & facilities
Access to premises
Terms of Settlement
Goods/services/facilities - revised terms and conditions
Access to premises provided - other modifications
Compensation
Complaint Summary

The complainant advised that her elderly mother has osteo-arthritis and uses a wheelchair to assist her mobility. The complainant said that the local shopping centre where she takes her mother on a weekly basis, does not have wheelchair accessible toilets.

The shopping centre advised that it plans to undertake building renovations in the near future which will address the issue.

The complaint was resolved on the basis of the planned renovations and an agreement that in the meantime, the shopping centre would arrange for a private accessible toilet in the centre to be available to customers.


Grounds
Disability of person(s) aggrieved - direct
Disability of person(s) aggrieved - indirect
Associate - direct
Areas
Goods/services & facilities
Access to premises
Terms of Settlement
Apology - private
Training - anti-discrimination/EEO staff training introduced
Goods/services/facilities - revised terms and conditions
Compensation
Complaint Summary

The complainant said that she accompanied her friend, who uses a wheelchair, to the respondent bar. She claimed they were refused access to the upper level of the bar on the basis that the wheelchair posed a safety hazard.

The respondent said it was unaware of the incident and regretted that it had occurred.

The complaint was resolved on the basis that the respondent provided the complainant and her friend with an apology, invited them to attend the bar and agreed to ensure staff undertake relevant training to address the issues raised by the complaint.


Grounds
Disability of person(s) aggrieved - indirect
Areas
Goods/services & facilities
Terms of Settlement
Policy change/change in practice (external customers)
Apology - private
Goods/services/facilities - revised terms and conditions
Compensation
Complaint Summary

The complainant said he has a disability which prevents him from driving. He claimed he tried to book a service with the respondent but was told the service would not be provided unless he could provide a current drivers licence to confirm his identity.

The respondent agreed to participate in conciliation discussions.

The complaint was resolved with an agreement that the respondent would provide the complainant with an apology and also amend its policy so that other forms of identification are acceptable.


Grounds
Disability of person(s) aggrieved - direct
Disability of person(s) aggrieved - indirect
Disability - person assisted by trained animal
Areas
Goods/services & facilities
Terms of Settlement
Financial compensation
Statement of regret - private
Goods/services/facilities provided
Compensation

$500

Complaint Summary

The complainant uses a wheelchair to assist with mobility and also has assistance dogs. The complainant said she was refused access to a caravan park because of her assistance dogs.

The respondent said that the complainant was refused access because on her previous stay at the park she had not taken appropriate action to restrain and clean up after her dogs.

The complaint was resolved with an agreement that the respondent would provide the complainant with $500 compensation and a statement of regret. The respondent also agreed the complainant could stay at the park.


Grounds
Disability of person(s) aggrieved - direct
Disability of person(s) aggrieved - indirect
Areas
Goods/services & facilities
Access to premises
Terms of Settlement
Good/services/facilities provided - other modifications
Access to premises provided
Compensation
Complaint Summary

The complainant advised that his wife has a back injury and his daughter has Downs Syndrome. He said he purchased tickets to attend a function at the respondent stadium but was told that his family could not be guaranteed suitable accessible seating. The complainant also said he was unable to secure accessible parking near the stadium as the respondent said it required 2 weeks notice to arrange this.

When advised of the complaint, the respondent indicated a willingness to try to resolve the matter.

The complaint was resolved with an agreement that the company would arrange appropriate parking and reserve suitable accessible seating at the venue. Additionally, a representative of the company agreed to meet the complainant and his family at the entrance and escort them to their seats.


Grounds
Disability of person(s) aggrieved - direct
Disability of person(s) aggrieved - indirect
Areas
Goods/services & facilities
Terms of Settlement
Good/services/facilities provided - other modifications
Policy change/change in practice (external customers)
Compensation
Complaint Summary

The complainant, who has a vision impairment, attended a training course delivered by the respondent company. She claimed she was not able to fully participate in the course because she was required to read and answer questions from a course manual which was not in an accessible format.

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

The complaint was resolved with an agreement that the respondent would provide the complainant with a manual in an accessible format. The respondent also instituted procedures whereby in future, participants will be asked if they have any special needs prior to commencement of the course.


Grounds
Disability of person(s) aggrieved - direct
Disability of person(s) aggrieved - indirect
Areas
Goods/services & facilities
Terms of Settlement
Good/services/facilities provided - other modifications
Policy change/change in practice (external customers)
Compensation
Complaint Summary

The complainant, who uses a wheelchair, travelled on the respondent's train service and required assistance to board and alight the train. She claimed that when it was time to alight, she was left on the train for 20 minutes and had to call relatives who then contacted the train station and informed staff of the complainant's circumstances.

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

The complaint was resolved with an agreement that the respondent would review its procedures for assisting people with mobility aids board and alight trains and would involve the complainant in trialling the procedures.


Grounds
Disability of person(s) aggrieved - indirect
Areas
Goods/services & facilities
Terms of Settlement
Apology - private
Good/services/facilities provided - other modifications
Complainant satisfied with response/information provided/action taken
Compensation
Complaint Summary

The complainant advised that he is deaf and requires captioning in order to access audio-visual material. The complainant alleged that the respondent government agencies unlawfully discriminated against him on the ground of his disability by releasing a DVD containing important public information without captions.

The complaint was resolved when the respondent apologised to the complainant and arranged for the DVD to be captioned and made available on its website and by request. The respondent also withdrew relevant advertisements and public service announcements and re-released them with captions.


Grounds
Disability of person(s) aggrieved - direct
Disability of person(s) aggrieved - indirect
Areas
Goods/services & facilities
Terms of Settlement
Apology - private
Financial compensation
Compensation

$3,750

Complaint Summary

A father lodged a complaint on behalf of his daughter who has a severe food allergy. The complainant said that a restaurant in the resort where his family was staying refused to serve them because of his daughter's disability. The complainant also alleged the chef at the restaurant was aggressive and humiliated his daughter.

The respondent company confirmed that the family was refused service at the restaurant. The company said that while the resort was aware of the daughter's food allergy, the specific restaurant in the resort complex was not aware of the issue until the complainant's family went there to eat.

The complaint was resolved with an agreement that the company would provide the complainant and his daughter with a written apology and pay them $3,750 compensation.


Grounds
Disability of person(s) aggrieved - indirect
Areas
Goods/services & facilities
Access to premises
Terms of Settlement
Goods/services/facilities provided - physical modifications
Access to premises provided - physical modifications
Complainant satisfied with response/information provided/action taken
Compensation
Complaint Summary

The complainant advised that she has a mobility impairment and lives in a residential aged care facility. The complainant alleged that a toilet in the facility is not accessible to her because there is a heavy door at the entrance and a narrow corridor space.

The respondent confirmed that the toilet was not accessible and advised that it was in the process of seeking funds to upgrade the facility and build new accessible toilets.

The complaint was resolved when the respondent provided the complainant with written confirmation that funding had been obtained for the upgrade and outlined timeframes for completion of the work. The complainant was satisfied with this action by the respondent .


Grounds
Disability of person(s) aggrieved - direct
Disability of person(s) aggrieved - indirect
Areas
Goods/services & facilities
Access to premises
Clubs/incorporated associations
Terms of Settlement
Goods/services/facilities - revised terms and conditions
Access to premises provided
Club membership/benefits - revised terms and conditions
Compensation
Complaint Summary

The complainant has limited mobility and requires the use of a golf cart in order to participate in activities as a member of the respondent golf club. The complainant alleged disability discrimination by the club in its refusal to allow him to use the golf cart on certain days.

The respondent club advised that patrons were only prohibited from using golf carts on days when the course was exposed to bad weather and this was because of safety concerns.

The complaint was resolved with an agreement that the club would allow the complainant to use a golf cart at all times subject to the complainant's agreement to follow safety instructions including only driving the cart on designated paths and in designated areas.


Grounds
Disability of person(s) aggrieved - direct
Disability of person(s) aggrieved - indirect
Areas
Goods/services & facilities
Terms of Settlement
Apology - private
Training - anti-discrimination/EEO staff training introduced
Compensation
Complaint Summary

The complainant has diabetes and experienced a low blood sugar reaction while at the respondent night club. The complainant alleged security guards forced her and her friends to leave because they presumed she was intoxicated or on drugs.

The club said the complainant was not asked to leave but rather was asked to move to a different area were there was less noise and appropriate assistance could be provided.

The complaint was resolved with an agreement that the club would provide the complainant with a written apology and arrange for staff to undergo training with Diabetes Australia so that they will be better equipped to deal with possible future incidents.


Grounds
Disability of person(s) aggrieved - direct
Disability of person(s) aggrieved - indirect
Disability - use of appliance
Areas
Goods/services & facilities
Terms of Settlement
Policy change/change in practice (external customers)
Financial compensation
Training - anti-discrimination/EEO staff training reviewed/revised
Compensation

$400

Complaint Summary

The complainant has emphysema and uses an oxygen concentrator to assist with his disability. The complainant said that when he tried to board his flight with the respondent airline, he was told that he could not bring his aid on board. The complainant said he then had to book another flight and incurred additional costs.

The respondent said that there may have been confusion about the type of aid the complainant used as some forms of oxygen are not permitted on flights.

The complaint was resolved on the basis that the airline would refund the complainant's additional costs, develop a policy to address the issues raised by the complaint and train staff in relation to the policy.


Grounds
Disability of person(s) aggrieved - direct
Disability of person(s) aggrieved - indirect
Areas
Goods/services & facilities
Access to premises
Terms of Settlement
Financial compensation
Access to premises provided - other modifications
Good/services/facilities provided - other modifications
Compensation

$4,000

Complaint Summary

The complainant advised that due to a stroke, his wife requires a wheelchair to assist with her mobility. The complainant said they own a unit in a strata complex which has a pool, but there is no continuous accessible path from common areas to the pool. The complainant said that as the only accessible path to the pool goes through a secure area, they have been charged an additional fee for a security card to access this area.

The respondent agreed to try to resolve the complaint.

The complaint was resolved with an agreement that the respondent would waive the security card fee and pay the complainant $4,000 compensation.


Grounds
Disability of person(s) aggrieved - direct
Disability of person(s) aggrieved - indirect
Areas
Goods/services & facilities
Access to premises
Terms of Settlement
Financial compensation
Training - anti-discrimination/EEO staff training introduced
Other - please specify
Compensation

$1,541

Complaint Summary

The complainant said that her daughter has a disability and uses a wheelchair. She claimed that when they booked accommodation at the respondent venue, they were told the room was fully accessible. The complainant said that when they arrived however there were stairs at the entrance, room facilities were not accessible and staff did not appear to have been trained in how to provide appropriate assistance to people who use wheelchairs.

The respondent said that the room was accessible but agreed that some additional changes could be made to improve accessibility.

The complaint was resolved with an agreement that the respondent would reimburse the complainant's accommodation costs and provide training for staff in relation to disability discrimination. The respondent also agreed to seek advice from an access consultant regarding the work that would be required to improve accessibility for people who use wheelchairs.


Grounds
Disability of person(s) aggrieved - indirect
Areas
Goods/services & facilities
Access to premises
Accommodation
Terms of Settlement
Access to premises provided
Access to premises provided - other modifications
Compensation
Complaint Summary

The complainant advised that she has multiple disabilities resulting from a car accident and uses a wheelchair to assist with mobility. The complainant lives in public housing and claimed that aspects of her accommodation were not accessible.

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

The complaint was resolved with an agreement that the respondent would be provided with an occupational therapist's report regarding the complainant's needs and would then either provide the required modifications in the current accommodation or transfer the complainant to alternative suitable accommodation.


Grounds
Disability of person(s) aggrieved - indirect
Areas
Goods/services & facilities
Administration of Commonwealth programs
Terms of Settlement
Good/services/facilities provided - other modifications
Complainant satisfied with response/information provided/action taken
Compensation
Complaint Summary

The complainant is deaf and unable to communicate by telephone. He alleged that the respondent government agency discriminated against him by failing to provide him the option of contacting his local office by facsimile.

When the agency was notified of the complaint, it wrote to the complainant and provided him with the relevant facsimile number.

The complainant advised the Commission that he was satisfied with the action taken by the respondent.


Grounds
Disability of person(s) aggrieved - indirect
Areas
Goods/services & facilities
Terms of Settlement
Other - please specify
Training - anti-discrimination/EEO staff training introduced
Compensation
Complaint Summary

The complainant advised that she is deaf and unable to access material on DVD unless it is available with closed captions. The complainant said the DVDs she hired from the respondent store were not captioned.

The respondent advised that it is a franchisee of a DVD sales and hire company and the specific DVDs referred to in the complaint are not available for purchase with captions. The respondent claimed that it would cause the company unjustifiable hardship if it was required to caption the DVDs it purchases for hire.

The complaint was resolved with an agreement that the respondent would: provide its staff with information about DVD accessibility features; and forward a letter from a peak Deafness advocacy group outlining its position on the captioning of DVDs to film distributors and to the company's head office, with a covering letter of support.


Grounds
Disability of person(s) aggrieved - indirect
Areas
Goods/services & facilities
Terms of Settlement
Good/services/facilities provided - other modifications
Compensation
Complaint Summary

The complainant is deaf and requires captioning in order to be able to access audio-visual material. The complainant said he stayed at a hotel which is part of the respondent hotel chain, and captioning

was not available as part of the in-room entertainment.

The complaint was resolved through conciliation whereby the specific franchised hotel agreed to: make every effort to ensure that captioning is available across all free to air channels in all its guest rooms by 30 June 2011 and in the meantime, to modify individual sets for customers where prior notice of this requirement is provided. The hotel chain also agreed to provide the complainant with a summary of its businesses that currently provide closed captioning; and complete an audit of key hotels to determine if closed captioning (where transmitted) on free to air television, can be provided using the hotel's existing hardware.


Grounds
Disability of person(s) aggrieved - indirect
Areas
Goods/services & facilities
Access to premises
Terms of Settlement
Access to premises provided - physical modifications
Goods/services/facilities provided - physical modifications
Compensation
Complaint Summary

The complainant advised that she uses a wheelchair and recently visited the respondent wildlife park. The complainant said that the park had no designated parking for people with disabilities and no accessible toilet.

After being notified of the complaint, the respondent designated one parking space for people with disabilities and installed appropriate signage. The respondent also undertook work to modify a toilet block to ensure that the facilities are accessible. The complaint was resolved on this basis.


Grounds
Disability of person(s) aggrieved - direct
Disability of person(s) aggrieved - indirect
Areas
Goods/services & facilities
Access to premises
Terms of Settlement
Goods/services/facilities provided - physical modifications
Compensation
Complaint Summary

The complainant advised she has multiple sclerosis. She lodged a complaint on behalf of herself and two others - one who has a neurological disorder of the spine and uses a wheelchair, and another who has several medical conditions and uses a scooter. The complainants claimed the respondent club did not provide safe access as people who use wheelchairs or scooters had to use a vehicular entrance.

The respondent club denied disability discrimination.

The complaint was resolved after the club made modifications to the entrance to facilitate safe access for the complainants and others with similar disabilities who use mobility aids.


Grounds
Disability of person(s) aggrieved - indirect
Areas
Goods/services & facilities
Access to premises
Terms of Settlement
Complainant satisfied with response/information provided/action taken
Compensation
Complaint Summary

The complainant advised he has a vision impairment and uses a guide dog. He claimed he could not travel to work by train because the respondent council has not provided a safe and accessible path of travel to the railway station. In particular, he said there were no traffic lights at a key intersection and street lighting was inadequate.

The respondent council advised that the area in question was due to be upgraded with traffic lights and additional lighting over the next five years. The council noted that two new lights had already been installed in the area.

The complaint was resolved after a conciliation conference, when the respondent provided the complainant with a copy of the plans for the upgrade of the area (which included information about installation of a traffic control system and additional lighting) and confirmed that the contract for the work has been finalised.


Grounds
Disability of person(s) aggrieved - indirect
Areas
Goods/services & facilities
Access to premises
Terms of Settlement
Complainant satisfied with response/information provided/action taken
Compensation
Complaint Summary

The complainant has a mobility disability and claimed she was denied access to a venue for a New Years Eve celebration as no provision had been made for access for people with disabilities.

The responsible department provided a response outlining that the complainant's tickets had since been refunded. The department also advised that access for people with disabilities will be considered in future New Years Eve events.

The complainant advised the Commission that she was satisfied with the action taken by the respondent.


Grounds
Disability of person(s) aggrieved - direct
Disability of person(s) aggrieved - indirect
Disability - use of appliance
Areas
Goods/services & facilities
Terms of Settlement
Apology - private
Training - anti-discrimination/EEO staff training reviewed/revised
Compensation
Complaint Summary

The complainant had a temporary mobility disability as a result of knee surgery. The complainant claimed that she was refused entry to a restaurant because she was using crutches.

The respondent restaurant denied disability discrimination and said the complainant was refused entry because the restaurant was fully booked on the evening in question.

The parties entered into a conciliation process and the complaint was resolved with the respondent agreeing to provide the complainant with a written apology and provide additional training to its staff.


Grounds
Disability of person(s) aggrieved - indirect
Areas
Goods/services & facilities
Access to premises
Terms of Settlement
Access to premises provided - physical modifications
Goods/services/facilities provided - physical modifications
Apology - private
Complainant satisfied with response/information provided/action taken
Compensation
Complaint Summary

The complainant advised that her son has autism and a development delay and she uses a pram and a wheelchair to assist with his mobility. The complainant said that she wished to access the respondent cemetery but could not do so because the entrance is not wheelchair accessible.

On being notified of the complaint, the respondent removed the barriers at the entrance and offered the complainant a written apology. The complainant advised the Commission that the action taken by the respondent resolved the complaint.


Grounds
Disability of person(s) aggrieved - direct
Disability of person(s) aggrieved - indirect
Disability - person assisted by trained animal
Areas
Goods/services & facilities
Terms of Settlement
Apology - private
Financial compensation
Training - anti-discrimination/EEO staff training introduced
Other - please specify
Compensation

$906

Complaint Summary

The complainant advised that she has an anxiety disorder and uses an assistance animal. The complainant said the respondent accommodation provider would not allow her to stay in an apartment for a two day period because she was accompanied by her assistance animal. The complainant said that her booking fee was not reimbursed and she had to find other accommodation at a higher cost.

On being notified of the complaint, the respondent said it was unaware of the Disability Discrimination Act and the section of the law relating to assistance animals.

The complaint was resolved by way of the respondent agreeing to reimburse the complainant's booking fee ($106), provide her with an apology, make a donation to a selected organisation ($800) and educate staff and other residents about the law.


Grounds
Disability of person(s) aggrieved - direct
Disability of person(s) aggrieved - indirect
Disability - person assisted by trained animal
Areas
Goods/services & facilities
Terms of Settlement
Financial compensation
Training - anti-discrimination/EEO staff training introduced
Compensation

$1,000

Complaint Summary

The complainant has a psychiatric illness and has an assistance dog. The complainant claimed he was refused entry to a venue at a festival because he was accompanied by his assistance dog.

The respondent venue operator said the complainant was ejected from the venue and refused further entry because of his disruptive behaviour.

The complaint was resolved with an agreement that the respondent venue operator would undertake training for staff and make a $1,000 donation to an agreed non profit organisation.


Grounds
Disability of person(s) aggrieved - direct
Areas
Goods/services & facilities
Terms of Settlement
Financial compensation
Apology - private
Training - anti-discrimination/EEO staff training introduced
Other - please specify
Compensation

$1,000

Complaint Summary

The complaint was lodged by the mother of a young person who has depression. The complainant said her daughter applied to participate in an overseas exchange program however her application was not accepted because of her disability.

The respondent company said that because of the young person's medical condition and her continued requirement for medication, its overseas partner agency was of the view that it would not be able to place her with a host family.

The complaint was resolved through a conciliation process, with the respondent agreeing to provide the student $1,000 compensation and a written apology. The respondent also agreed to provide ongoing information and education to its staff about depression and to investigate options to enable students on medication or with medical conditions to participate in its program.


Grounds
Disability of person(s) aggrieved - indirect
Areas
Goods/services & facilities
Access to premises
Terms of Settlement
Goods/services/facilities provided - physical modifications
Access to premises provided - physical modifications
Compensation
Complaint Summary

The complainant lodged a complaint on behalf of her son who has a disability and uses a wheelchair. The complainant said that ramp access in a local recreation venue did not comply with relevant standards for building access and so her son could not independently access the venue.

When the Commission contacted the respondent venue about the complaint they expressed a willingness to participate in a conciliation process.

The complaint was resolved when the venue made modifications to ensure safe and independent access for wheelchair users


Grounds
Disability of person(s) aggrieved - direct
Disability of person(s) aggrieved - indirect
Areas
Goods/services & facilities
Access to premises
Terms of Settlement
Access to premises provided - physical modifications
Goods/services/facilities provided - physical modifications
Compensation
Complaint Summary

The complainant has paraplegia and uses a wheelchair. The complainant said he drove his car to a busy inner city suburb to attend a meeting and was unable to find accessible parking, so parked in a loading zone. The complainant said that even through his blue disability parking permit sticker was visible, he was fined.

The complaint was resolved with an agreement that the council would waive the parking fine and install accessible parking on the main street of the busy inner city suburb within ten weeks.


Grounds
Disability of person(s) aggrieved - direct
Disability of person(s) aggrieved - indirect
Disability - person assisted by trained animal
Areas
Goods/services & facilities
Terms of Settlement
Goods/services/facilities - revised terms and conditions
Policy change/change in practice (external customers)
Compensation
Complaint Summary

The complainant is vision impaired and uses a guide dog. The complainant claimed that people with guide dogs cannot book travel on line with the respondent transport service and are required to make bookings by phone. The complainant claimed that when she booked via telephone, she was charged a booking fee that she would not have had to pay if she could book online.

On being advised of the complaint, the respondent company agreed to change its procedures so that passengers with disabilities who needed to book through the call centre will not be charged a booking fee. The company also agreed to upgrade its website within 6 weeks so that passengers who require special assistance will be able to book online.


Grounds
Disability of person(s) aggrieved - direct
Disability of person(s) aggrieved - indirect
Areas
Goods/services & facilities
Terms of Settlement
Statement of regret - private
Financial compensation
Compensation

$2,000

Complaint Summary

The complainant, who had recently undergone knee surgery, claimed that the respondent security company discriminated against him because of his disability when conducting a security screening activity. The complainant claimed that the manner in which the screening was conducted caused him pain and medical complications.

On being notified of the complaint the respondent company agreed to participate in conciliation discussions.

The complaint was resolved with an agreement that the company would pay the complainant $2,000 financial compensation and provide him with a statement of regret.


Grounds
Disability of person(s) aggrieved - direct
Disability of person(s) aggrieved - indirect
Areas
Goods/services & facilities
Accommodation
Terms of Settlement
Good/services/facilities provided - other modifications
Compensation
Complaint Summary

The complainant advised that he has multiple sclerosis, is unable to regulate his body temperature and needs to be in a stable temperature at all times. The complainant said the respondent public housing provider failed to provide adequate air-conditioning in his accommodation.

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

The complaint was resolved with an agreement that the department would install a new air-conditioning unit to meet the complainant's medical requirements.


Grounds
Disability of person(s) aggrieved - indirect
Areas
Goods/services & facilities
Access to premises
Terms of Settlement
Access to premises provided - physical modifications
Goods/services/facilities provided - physical modifications
Compensation
Complaint Summary

The complainant, who has a vision impairment, said that he relies on audible traffic signals to safely cross major intersections in the regional centre where he lives. The complainant alleged that the respondent council discriminated against him by setting the volume too low on the audible traffic signal devices.

The respondent council advised that the signals comply with the Australian Standard and the volume cannot be increased beyond the current level. The council said that while the signals are regularly maintained they can occasionally malfunction.

The complaint resolved with an agreement that the council would investigate measures to make the intersections safer including: installation of additional speaker devices at intersections; undertaking sound checks of audio devices and increasing volumes as required; and installing tactile devices on crossing paths.


Grounds
Disability of person(s) aggrieved - direct
Disability of person(s) aggrieved - indirect
Areas
Goods/services & facilities
Terms of Settlement
Financial compensation
Policy - anti-discrimination/EEO policy reviewed/revised
Policy change/change in practice (external customers)
Compensation

$850

Complaint Summary

The complaint was lodged by a mother on behalf of her 10 year old son who has an intellectual disability and autism. The complainant said her three children were excluded from a community service program because her 10 year old son required a carer to attend with him and the service provider was of the view that the carer would be disruptive for other children.

On being notified of the complaint the respondent community organisation agreed to participate in conciliation.

The complaint was resolved with an agreement that the organisation would pay the complainant an amount of money which represented reimbursement of carer's fees and a contribution toward her son's therapist fees. The organisation also agreed to review its equal opportunity policy and make changes to its advertising material.


Grounds
Disability of person(s) aggrieved - indirect
Areas
Goods/services & facilities
Terms of Settlement
Goods/services/facilities provided
Apology - private
Policy change/change in practice (external customers)
Financial compensation
Compensation

$200

Complaint Summary

The complainant advised that she has a hearing impairment. She said that when she attempted to arrange tickets to a community event, she advised the organisers that she needed an interpreter and was told that this service could not be provided.

The complaint was resolved with an agreement that the organisers would provide an interpreter for the event and ensure interpreters are provided for all future events. The organisers also agreed to provide the complainant with a written apology, provide a $100 donation to an agreed charity and pay the complainant's costs associated with the complaint ($100).


Grounds
Disability of person(s) aggrieved - direct
Disability of person(s) aggrieved - indirect
Areas
Goods/services & facilities
Terms of Settlement
Apology - private
Financial compensation
Policy change/change in practice (internal staff)
Record changed
Compensation

$1,280

Complaint Summary

The complaint was lodged by a parent on behalf of her son, who has an intellectual disability and is unable to read, write or fully comprehend verbal information. The complainant alleged that the respondent financial institution telephoned her son and signed him up to an insurance policy which he did not need and did not understand. The complainant claimed that her attempts to directly resolve the issue with the institution were unsuccessful.

When notified of the complaint, the financial institution indicated a willingness to try to resolve the matter.

The complaint was resolved with an agreement that the financial institution would cancel the insurance policy and refund the associated fees ($1,280). The financial institution also provided an apology to the complainant and her son, amended it's records to prevent recurrence of the issue and agreed to introduce a quality assurance system in relation to telephone sales.


Grounds
Disability of person(s) aggrieved - direct
Disability of person(s) aggrieved - indirect
Disability - person assisted by trained animal
Areas
Goods/services & facilities
Terms of Settlement
Apology - private
Financial compensation
Compensation

$2,000

Complaint Summary

The complainant has a psychiatric disability and uses an assistance animal. He claimed that even though his assistance animal was wearing an identification vest, he was told to leave the respondent organisation. The complainant also alleged that he was harassed by staff of the organisation.

The respondent organisation denied the allegations and said the complainant was aggressive towards staff.

The complaint was resolved with an agreement that the organisation would provide the complainant with a written apology, pay him $1,000 compensation and make a $1,000 donation to a charitable organisation of the complainant's choice.


Grounds
Disability of person(s) aggrieved - direct
Disability of person(s) aggrieved - indirect
Areas
Goods/services & facilities
Terms of Settlement
Financial compensation
Statement of regret - private
Training - named individual(s) to undertake anti-discrimination/EEO training
Training - anti-discrimination/EEO staff training reviewed/revised
Compensation

$6,000

Complaint Summary

The complainant advised that she has a disability whereby she experiences pain when her body is touched. The complainant said when passing through the security area of a large public transport hub, she provided staff with a doctor's letter advising of her disability. She alleged that despite this, she was frisked by security staff and this caused her acute pain.

The respondent transport hub and security company denied the allegations and claimed the security procedures applied were reasonable given transport security legislation requirements.

The complaint was resolved with an agreement that the respondents would provide the complainant with a statement of regret, pay her $6,000 compensation, provide training to the security staff named in the complaint and review and update general staff training.


Grounds
Disability of person(s) aggrieved - indirect
Areas
Goods/services & facilities
Access to premises
Terms of Settlement
Goods/services/facilities provided
Goods/services/facilities provided - physical modifications
Compensation
Complaint Summary

The complainant, who has a physical disability, alleged there were insufficient accessible parking spaces at the two respondent hospitals he visits.

On being advised of the complaint, the respondent department reviewed the location and number of accessible parking bays for both hospitals.

The complaint was resolved with the respondent agreeing to provide three more accessible parking bays at one of the hospitals and two more accessible parking bays at the entrance to the other hospital.


Grounds
Disability of person(s) aggrieved - direct
Disability of person(s) aggrieved - indirect
Areas
Goods/services & facilities
Access to premises
Terms of Settlement
Access to premises provided - physical modifications
Compensation
Complaint Summary

The complainant advised that he has a physical disability and uses a scooter to assist his mobility. The complainant claimed that the chicanes installed on footpaths in his local area mean that he is unable to access areas in his scooter.

On being advised of the complaint the respondent council began a process of community consultation regarding the removal of the chicanes.

The complaint was resolved when the council agreed to remove the chicanes and replace them with an agreed alternative that enabled scooter access.


Grounds
Disability of person(s) aggrieved - direct
Disability of person(s) aggrieved - indirect
Areas
Goods/services & facilities
Access to premises
Terms of Settlement
Good/services/facilities provided - other modifications
Compensation
Complaint Summary

The complainant, who has a physical disability and uses a wheelchair, claimed he was unable to access facilities at his local aquatic centre including the sauna and steam room.

When advised of the complaint, the respondent centre indicated a willingness to try to resolve the matter.

The complaint was resolved with an agreement that the centre would modify an aqua wheel chair for use in the sauna and steam room. The complainant advised that he was satisfied with this arrangement.


Grounds
Disability of person(s) aggrieved - direct
Disability of person(s) aggrieved - indirect
Disability - person assisted by trained animal
Areas
Goods/services & facilities
Terms of Settlement
Policy - anti-discrimination/EEO policy reviewed/revised
Financial compensation
Other - please specify
Compensation

$250

Complaint Summary

The complainant has a psychiatric disability and uses assistance dogs. He claimed he attended an arts event hosted by the respondent company and was refused entry because of his dog.

The respondent company denied that the complainant was refused entry and said that had the complainant identified that he used an assistance animal, he would have been directed to sit in a designated area for people with such animals. The company said the complainant had a number of dogs with him which did not appear to be well controlled.

The complaint was resolved through conciliation with an agreement that the company would donate $250 to an agreed charity and review information for staff about accommodating people who use assistance dogs.


Grounds
Disability of person(s) aggrieved - direct
Disability of person(s) aggrieved - indirect
Areas
Goods/services & facilities
Terms of Settlement
Financial compensation
Compensation

$3,000

Complaint Summary

The complainant, an Indigenous man who has diabetes, was travelling with his work colleagues to a work related social event on a bus charted by their employer. The complainant alleged that the bus driver refused to stop to allow him to go to the toilet and told him he was not allowed to use the on-board toilet. The complainant said this led to an embarrassing incident in front of his work colleagues.

The respondent bus company denied that it discriminated against the complainant on the ground of race or disability. The company said that the on-board toilet is not available on short trips due to the difficulty of waste disposal and in this case, the bus driver was unable to stop safely on the highway during the trip. The company said it was not aware that any of the passengers had special needs and the driver was unaware of how urgently the complainant needed to use the toilet.

The complaint resolved through a shuttle conciliation process with the respondent agreeing to pay the complainant $3,000 general damages.


Grounds
Disability of person(s) aggrieved - direct
Disability of person(s) aggrieved - indirect
Areas
Goods/services & facilities
Unlawful to contravene Disability standards
Terms of Settlement
Financial compensation
Compensation

$1,500

Complaint Summary

The complainant, who has spina bifida and uses a wheelchair, said she was told that in order to use the respondent's coach service she would need to buy five tickets (one for each of her carers, one for herself, and two for the space her wheelchair would take up in the coach). The complainant alleged that the respondent has a policy whereby people who use wheelchairs are not allowed to transfer into seats on the coach. The complainant raised a number of concerns about her trip including that her wheelchair could not be properly secured inside the coach which meant that travel was uncomfortable and unsafe, and that she was told it was preferable if she did not leave the coach for a comfort stop.

The respondent company said that a ticket agent incorrectly advised the complainant that she needed to buy five tickets. The company said it has a policy whereby passengers who use wheelchairs may choose to either travel in their wheelchair or in a coach seat, with no difference in fare and a passenger's carer is allowed to travel free of charge. The respondent refuted some of the complainant's allegations about what occurred on the day of travel.

The complaint resolved with the respondent agreeing to pay the complainant $1,500 in general damages.


Grounds
Disability of person(s) aggrieved - indirect
Disability of person(s) aggrieved - direct
Areas
Goods/services & facilities
Access to premises
Terms of Settlement
Access to premises provided
Apology - private
Policy change/change in practice (internal staff)
Policy change/change in practice (external customers)
Goods/services/facilities - revised terms and conditions
Other - please specify
Compensation
Complaint Summary

The complaint was lodged by a parent on behalf of his son who has an amputated limb. The complainant claimed that the respondent amusement park had unreasonably refused his son access to a ride in the park.

When notified of the complaint, the amusement park indicated a willingness to participate in conciliation.

The complaint was resolved with an agreement that the park would provide the complainant with an in-person apology and provide free and exclusive entry for the complainant and his family and friends. The park also agreed to revise its policies to address the issue raised by the complaint and to maintain contact with the complainant's family and disability groups to ensure continued improvement of its policies and facilities.


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