Conciliation Register

The complainant has schizophrenia and a back injury and was employed in an IT role with the respondent government agency. He alleged he was treated less favourably because he has schizophrenia, including by being excluded from the workplace, being given excessive work to perform at home, having his personal property tampered with and being referred to as ‘weird’. He also alleged the agency failed to accommodate his back injury, including not allowing him to sit during standing meetings, not letting him work part-time and failing to provide easier access to bathroom facilities.

The agency claimed it made reasonable adjustments to accommodate the complainant’s back injury in line with his treating doctor’s recommendations. The agency said it only became aware the complainant has schizophrenia when he undertook a fitness for duty assessment after commencing leave due to ill health. The complainant subsequently resigned.

The complaint was resolved with an agreement that the agency write to the complainant expressing regret for the distress he reported, provide him with a statement of service and pay him $2,000 in compensation for non-economic loss.

 

The complainant has an intellectual disability and was enrolled in a course with the respondent vocational training provider to attain a qualification in aged care. She alleged she was refused an extension of time to complete the course requirements to accommodate her disability and her enrolment was terminated.

On being notified of the complaint, the training organisation indicated a willingness to try to resolve the matter by conciliation.

The complaint was resolved with an agreement that the training organisation take proactive steps to ensure that students who disclose a learning or cognitive disability understand the requirements of the course in which they have enrolled and their ability to ask for adjustments to accommodate their disability. The training organisation also agreed to write to the complainant apologising for the distress she experienced as a result of the breakdown in communication, provide her with a statement of attainment for units completed and offer her a $250 voucher for a service that provides assistance in resume development and other job seeking skills.

The complainant has arthritis and is unable to stand for extended periods. He alleged the respondent bowling club declined his request to have a small folding chair on the green while playing the position of ‘skipper’ in order to help him manage the pain associated with his disability.

The bowling club said it declined the request because a chair on the green would present a risk to the safety of players. The club noted all players have access to chairs off the green and the skipper is not required to be on the green at all times. The club proposed the use of a different aid approved by the national sporting authority.

The complaint was resolved with an agreement that the complainant develop an alternative disability aid and the club consider approval of the aid for use in the sport.

The complainant was 69 years of age and has osteoarthritis. He said his local supermarket changed its payment policy to only allow payment by credit or debit card. He alleged this practice was discriminatory because older persons and persons with disability were more likely to experience difficulties in obtaining and using credit and/or debit cards.

The respondent supermarket advised it conducted a trial of card-only payment systems in some of these stores. The supermarket advised the trial had concluded and all stores accepted cash payments. The supermarket said that it appreciated that it may have moved ahead of community expectations and that not all customers felt welcome using card-only payment systems.

The complainant advised he considered his complaint resolved based on the supermarket’s assurances that all stores once again accepted cash payments.

The complainant’s partner is blind and uses a guide dog. The complainant alleged the respondent airport did not have safe and convenient facilities for the watering and toileting of the guide dog.

On being advised of the complaint, the airport indicated a willingness to try to resolve the complaint by conciliation.

The complaint was resolved with an agreement that the airport will progressively build three indoor assistance animal relief areas at different terminals within the airport, with appropriate amenities including a dry and weatherproof ground surface, fencing, rubbish bins and signage.

The complainant has macula degeneration, which causes vision loss. The respondent transportation company terminated the complainant’s employment as an engineer at the end of his probation period. The complainant alleged the company failed to provide him with timely feedback on his performance and failed to provide him with adjustments to enable him to perform the inherent requirements of his job, including failing to commission an occupational health assessment. The complainant acknowledged the company expressed concerns about his performance but claimed any performance issues could have been addressed had he received timely feedback and adjustments to accommodate his disability.

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

The complaint was resolved with an agreement that the company pay the complainant approximately $34,200 as an ex-gratia payment and provide him with a statement of service. The company also agreed to write to the complainant apologising for the events giving rise to his complaint and outlining the changes the company intended to implement in response to his experience in the workplace.

The complainant has a back and leg injury and anxiety and has a carer. She advised she lived in public housing that was not appropriate for someone with her disability and could not appropriately accommodate a carer. She alleged the public housing provider failed to action her request for appropriate housing.

On being advised of the complaint, the relevant government department indicated a willingness to participate in conciliation to try and resolve the complaint.

The complaint was resolved. The complainant was offered accommodation that was appropriate for her disability and need for a carer.

 

The complainant is legally blind and was studying at the respondent university. She alleged reading material was not provided to her in a format accessible to her.

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

The complaint was resolved with an agreement that the university convert all materials available in PDF format to Word format, which is accessible to the complainant using screen reading software.

 

The complainant is 70 years of age and has a chronic eye condition. He alleged that following a restructure, the Chairman of the company told him his role as Chief Financial Officer would be made redundant because of his age and vision impairment and to allow the company to recruit someone younger. He alleged he was pressured for his redundancy to be announced as his retirement even though he did not wish to retire.

The respondents denied the allegations but indicated a willingness to participate in conciliation to try to resolve the complaint.

The complaint was resolved with an agreement that the company pay the complainant $20,000 as general damages and buy back his shares in the company, which were worth approximately $41,000.

The complainant has a number of disabilities, including a vision impairment. She claimed that she was unable to independently access the respondent government agency's online services because the agency required her to sign in using a security code provided by text message instead of the previously used security questions. The complainant claimed she was unable to use a smart phone to access the security code before it expired because of her disability. 

On being informed of the complaint, the government agency agreed to participate in conciliation.

The complaint was resolved with an undertaking by the government agency to provide the complainant with face-to-face assistance to complete the required paperwork and to offer this assistance in the future as needed.

The complainant alleged the respondent club told him he was not permitted to use his mobility scooter inside club premises and would need to leave it at the club entrance. He said the club offered him the use of a wheelchair, but this was not suitable as he is unable to walk without assistance or transfer to and from the wheelchair independently. He alleged that despite being informed of this, the club insisted that he was not permitted to use his mobility scooter inside club premises. 

On being notified of the complaint, the club indicated a willingness to participate in conciliation to try to resolve the complaint.

The complaint was resolved with an undertaking by the club to revise the terms and conditions of entry for patrons who use mobility scooters and/or motorised wheelchairs to alleviate the impacts of the disability. Patrons with mobility scooters or electric wheelchairs would be granted access to club premises so long as they: 

* Operate the mobility scooter or wheelchair in a safe manner 

* Not travel faster than walking pace when inside the Club or within a crowded area to avoid ‘overtaking’ of patrons who are walking  

* Avoid distractions such as headphones, mobile phones or other electronic devices when operating the mobility scooter or wheelchair  

* Slow down and take care when turning around corners.  

The club advised that patrons using mobility scooters or electric wheelchairs who do not abide by these requirements may be asked to leave. 

The complainant's 13-year-old son has autism and obsessive-compulsive disorder. The complainant alleged one local public high school refused to enrol his son and that another delayed his enrolment for five months. He also alleged the public high school his son attended did not provide him with adjustments to accommodate his disabilities and this failure resulted in his son being suspended on multiple occasions, being isolated from his class and being unable to play with his peers. 

On being advised of the complaint, the respondents indicated a willingness to try to resolve the complaint by conciliation.

The complaint was resolved. The department responsible for the operation of the schools agreed to write to the complainant expressing regret for the events giving rise to the complaint. The high school the complainant’s son attended agreed to facilitate a more active parental involvement, implement new educational objectives and a new positive behaviour reward system for the complainant’s son.

The complainant’s son has autism and has an assistance dog. She alleged the respondent motel refused her booking on the basis that it does not allow pets or animals in the motel.

The motel confirmed it did not accept animals and agreed to participate in conciliation to try to resolve the complaint.

The complaint was resolved after the motel confirmed in writing that assistance animals would be welcomed at the motel in future.

 

The complainant has Attention Deficit and Hyperactivity Disorder (ADHD) and social anxiety and worked as a storeman with the respondent company. He said he informed his manager of his disability and its potential impact on his interactions with others. He alleged his manager responded in a dismissive manner to his disclosure and later failed to respond to his concerns that colleagues were reacting negatively when he disclosed or tried to explain the nature of his disability. The company stood the complainant down following an incident at a company social event and terminated his employment at the conclusion of the probation period.

The company said the complainant behaved in a manner that placed himself and others at risk during a company social event. The company said the complainant's behaviour was contrary to company values and the employment relationship was therefore not sustainable.

The complaint was resolved. The company agreed to pay the complainant $5,000 as an Eligible Termination Payment, to characterise the end of the employment as a resignation and to provide him with a reference.

 

The complainant has asthma and psychosocial disability, including post-traumatic stress disorder (PTSD), related to trauma. She has an assistance dog. The complainant’s general practitioner referred her to the respondent health clinic for a consultation with the respondent doctor. The clinic’s receptionist contacted her to confirm that she would be undergoing certain medical procedures prior to the consultation. The complainant claimed that the thought of the intrusive medical procedures caused her anxiety and stress and she told the receptionist of her worry that it would trigger her PTSD.

The complainant also wrote to the doctor requesting information about what was going to happen at the appointment so that she could make adequate preparations (for example, whether to request sedation and what to do with her assistance dog during the appointment), asking the doctor if she could deliver trauma-informed care; and asking how she would approach further communications to alleviate her anxiety. 

The clinic’s practice manager wrote to the complainant to advise the doctor’s view that, having considered her clinical record and communications, she could not provide trauma informed healthcare and suggested she engage with a public healthcare provider instead.

The respondents advised they did not refuse a service. Rather they honestly answered the complainant's questions about whether or not the doctor had training in trauma informed care with a particular training organisation, which she had not. The respondents said it was their understanding that the complainant did not wish to proceed with the appointment.

The complaint was resolved with an agreement that the respondents pay the complainant $5,000 ex gratia. The doctor agreed to undertake training in trauma informed care and then make an assessment as to what training may be required for other staff at the practice. The clinic undertook to review its policies and procedures in light of the issues raised in the complaint.