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Conciliation Register

Act Sex Discrimination Act
Grounds Sexual harassment
Areas Employment
Outcome details

Apology

Compensation 

Anti-discrimination/EEO policy reviewed/revised 

Statement of service 

Anti-discrimination/EEO training reviewed/revised 

 

Amount $57,500
Year

The complainant worked for the respondent television production company as a crew member. She alleged a colleague sexually harassed her, including by making comments about her appearance and slapping her on her buttocks. She also alleged two other colleagues observed the conduct and one said 'nah, she wants it hey', to which the other said ' yeah mate she does' in relation to inferred sexual acts.

The television production company said it terminated the complainant’s colleague’s employment following an internal investigation which found he had sexually harassed her. The company noted the complainant’s colleague was stood down with pay during the investigation and both were offered counselling support. The company claimed it only became aware of the complainant’s allegations against the two bystanders as a result of her complaint to the Commission and was unable to substantiate her allegations. The company claimed it took reasonable steps to prevent sexual harassment in the workplace, including putting in place relevant policies and procedures and conducting regular training.

The complaint was resolved with an agreement that the television production company pay the complainant $47,500 as general damages, provide her with a statement of service and provide her with a point of contact for prospective employers. The company also agreed to deliver training on sexual harassment to all staff. The complainant’s former colleague agreed to pay the complainant $10,000 as general damages and to write to her apologising for the conduct complained about. One of the bystanders also agreed to write to the complainant apologising for the incident.

 

Act Sex Discrimination Act
Grounds Family responsibilities
Pregnancy
Sex
Areas Employment
Outcome details

Compensation

Amount $55,000
Year

The complainant was employed as an executive manager with the respondent corporate. She alleged that, after she informed the corporation that she was pregnant and would be seeking seven months’ maternity leave, she was informed her role would be made redundant, was offered an inferior role and was not offered a more senior role for which she was qualified. She further alleges that, when she returned to work after her maternity leave the corporation informed her that her new role would be made redundant and that there were no opportunities for redeployment. 

The corporation claimed that the redundancies were based on genuine operational requirements, the role offered to the complainant was not a demotion and the complainant was not qualified for the more senior role she was interested in. 

The complaint was resolved with an agreement that the corporation pay the complainant $45,000 general damages, $5,000 in compensation for legal costs and $5,000 as an eligible termination payment.  

Act Sex Discrimination Act
Grounds Sex
Sexual harassment
Areas Employment
Outcome details

Compensation  

Statement of service

Amount $29,000
Year

The complainant was employed as an office manager by the respondent plant equipment supplier.  She alleged a manager sexually harassed her, including by regularly telling her she looked beautiful, propositioning her for sex, trying to kiss her, pressing up against her and inappropriately touching her. She claimed the company did not respond appropriately to her complaint about the manager’s conduct, accused her of making the complaint for financial gain and subsequently terminated her employment. 

The complainant’s former manager claimed that any conduct of a sexual nature was instigated by the complainant. The company claimed the complainant’s allegations could not be substantiated and that her employment was terminated for reasons unrelated to the complaint. 

The complaint was resolved with an agreement that the company provide the complainant with a statement of service and pay her $29,000. 

Act Sex Discrimination Act
Grounds Sex
Sexual harassment
Areas Employment
Outcome details

Apology - Private 

Compensation

Anti-discrimination/EEO policy reviewed/revised

Anti-discrimination/EEO training introduced

Action taken against named individuals

Amount $15,000
Year

The complainant had been a volunteer with the respondent community organisation. She alleged that when she expressed interest in applying for an advertised paid position, a manager told her the organisation was looking for a male because physical strength was required. The complainant was appointed to the paid position and alleged the same manager sexually harassed her, including by kissing her on the cheek, telling her he was attracted to her, asking her to go with him on a date and asking to go to her home. She also alleged she was unsuccessful for other paid roles in the organisation because she rejected the manager’s advances. The complainant had left her employment before lodging her complaint with the Commission.

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

The complaint was resolved with an agreement that the organisation write to the complainant acknowledging her distress and pay her $15,000. The organisation advised it had completed a disciplinary process with the manager, was in the process of reviewing relevant policies and procedures and would be delivering relevant training to staff.

Act Sex Discrimination Act
Grounds Sex
Sexual harassment
Areas Employment
Outcome details

Compensation

Statement of regret

Action taken against named individuals

Anti-discrimination/EEO policy developed

Amount $40,000
Year

The complainant was employed with the respondent government agency. She alleged that a much older member of senior management groomed her over a period of time in a manner that constituted sexual harassment, including by approaching her at work and work drinks, connecting with her on a social networking site and privately messaging her on that site to tell her she was amazing.  She said she became anxious because colleagues began commenting on the senior manager’s behaviour towards her. The complainant claimed she made a number of complaints about this conduct to management, but no action was taken. She said she worked from home in order to avoid the senior manager and eventually left her employment.

The agency advised the senior manager’s conduct was found to breach relevant policies and procedures governing the conduct of public servants. The agency advised the senior manager had resigned before a final decision was made as to whether his employment would be terminated. The agency said the senior manager’s behaviour was unacceptable and outlined the steps it had taken since receiving the complaint to ensure that the workplace was safe, including implementing structural change by ensuring gender equality in senior management and developing a diversity and inclusion plan.

The complaint was resolved with an agreement that the agency pay the complainant $40,000 as general damages. The agency and the senior manager also agreed to write to the complainant expressing regret for the events giving rise to the complaint.

Act Disability Discrimination Act
Sex Discrimination Act
Grounds Associate
Family responsibilities
Areas Employment
Outcome details

Compensation

Statement of Service

Amount $45,000
Year

The complainant’s sons have language difficulties and anxiety and his father-in-law, who resides with the family, has Parkinson’s disease and dementia. The complainant worked at the respondent bank was was undertaking a secondment in a senior consultant role. He alleged his team leader told him the bank did not want him to continue in the secondment because of his family responsibilities.

The bank claimed the complainant’s team leader met with him to discuss ongoing concerns about his stress levels. The bank claimed the complainant’s team leader was aiming to remove stress from the complainant’s work to enable him to focus on his family situation. The bank said its intention was to support the complainant and not to discriminate against him.

The complaint was resolved with an agreement to end the employment relationship. The bank agreed to pay the complainant $45,000 less applicable tax and inclusive of all statutory entitlements. The bank also agreed to provide the complainant with a statement of service and a contact point for prospective employers. 

Act Sex Discrimination Act
Grounds Sex
Sexual harassment
Victimisation
Areas Employment
Outcome details

Compensation

Statement of regret - private 

Amount $27,000
Year

The complainant worked as a store and deli team member with the respondent supermarket. She alleged a more senior team member sexually harassed her including by sending her text and online messages asking her on a date, asking what she looked like without her head scarf and telling her she was sexy. She alleged that when she made a complaint to Human Resources, the matter was not properly investigated and she was threatened with disciplinary action.

The supermarket claimed the complainant and individual respondent were in a relationship and the alleged conduct was reciprocated by the complainant. The supermarket said it could not substantiate allegations of sexual harassment and therefore reminded both staff members of their obligations with respect to appropriate workplace behaviour. The supermarket also required both staff members to complete an online training module on the supermarket’s code of conduct.

The complaint was resolved. The parties agreed to end the employment relationship. The supermarket agreed to pay the complainant $27,000 ex-gratia and provide her with a statement of service. Both respondents agreed to write to the complainant expressing regret for the events giving rise to her complaint.

Act Disability Discrimination Act
Sex Discrimination Act
Grounds Disability
Family responsibilities
Pregnancy
Sex
Areas Employment
Outcome details

Compensation 

Reference 

Anti discrimination/EEO training introduced

Amount $4,000
Year

The complainant worked part-time at the respondent health products company as a digital customer service Representative. She said that during her pregnancy she experienced pregnancy-related physical and mental health issues as well as work-related stress. She alleged that after becoming aware of her pregnancy, her supervisor was hostile towards her, started questioning her work ethic and contacting her on non-work days. She alleged that she was required to bring her toddler-aged son to a meeting on her non-work day. She also claimed that after taking sick leave, she was prevented from performing particular work that she enjoyed. The complainant resigned shortly after lodging a complaint with the Commission.

The company was of the view that the complainant’s supervisor's interaction with the complainant did not change after becoming aware of her pregnancy. The company said there was no expectation that the complainant respond to emails on her non-work days, said that any change in work arrangements was not due to her taking sick leave and said that the meeting with her son occurred with one week's notice when the complainant indicated availability. The company said it supported the complainant in her work and took a generous and accommodating approach towards the complainant's circumstances.

The complaint was resolved with an agreement that the company pay the complainant $4,000, provide her with a written reference and deliver anti-discrimination training to staff.

Act Sex Discrimination Act
Grounds Pregnancy
Sex
Areas Employment
Outcome details

Compensation 

Anti discrimination/EEO training introduced 

Amount $5,000
Year

The complainant alleged the respondent charitable organisation withdrew an offer of employment after she disclosed her pregnancy. 

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

The complaint was resolved with an agreement that the organisation pay the complainant $5,000. The organisation acknowledged the complainant was provided with inadequate information about the requirements of the role during the recruitment process and undertook review relevant policies and procedures to prevent similar incidents in the future. The organisation also undertook to review its parental leave policy and to train all staff on anti-discrimination principles.

Act Sex Discrimination Act
Grounds Sexual harassment
Areas Goods, services and facilities
Outcome details

Apology - Private 

Anti discrimination/EEO training introduced 

Year

The complainant attended the respondent entertainment and dining venue. She alleged that when returning to the venue after stepping out with friends, the bouncer used an entry stamp depicting male genitalia.

The venue said the stamp was not intended to be offensive, but rather, ‘tongue in cheek’. The venue said it would give careful consideration to what stamps were used in the future.

The complaint was resolved with an agreement that the venue cease using the stamp referred to in the complaint, write to the complainant apologising for the incident and deliver anti-discrimination training to staff.

Act Disability Discrimination Act
Sex Discrimination Act
Grounds Disability
Pregnancy
Areas Employment
Outcome details

Employment - other

Compensation

Statement of regret

Statement of service

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

Amount $9,000
Year

The complainant was employed by the respondent cleaning and maintenance service to perform pool and yard maintenance duties in a remote location. She informed the company she was pregnant because she was experiencing severe morning sickness and was concerned at the potential risk of heavy lifting and use of chemicals. The company allowed her to perform administrative duties during her pregnancy in accordance with medical advice that she was fit to perform ‘light duties’. The complainant alleged that the company told her that, before she could return to work after maternity leave, she would need to obtain medical clearance from practitioners in the state’s capital city, participate in a work conditioning program and undertake a fitness for duty assessment two or three months later. The complainant claimed she had no option but to resign.

The company claimed the information provided by the complainant regarding her fitness to return to work was insufficient given she had been performing light duties for some time and had been absent for 60 days in the 12-month period before beginning maternity leave. The company claimed a medical assessment recommended the complainant undertake a work conditioning program because she had poor upper-limb function, trunk strength, lifting ability and cardiovascular fitness. The company denied requiring the complainant to access services or professionals in the capital city. The company claimed she was unable to perform the inherent requirements of her role and no adjustments could be provided to address this.

The complaint was resolved with an agreement that the company pay the complainant $9,000, provide her with a statement of service and write to her expressing regret for the events giving rise to the complaint. The company also agreed to review its policies to better address issues that may arise concerning pregnant workers in remote locations and to deliver training on equal employment opportunity to management and leadership representatives in the complainant’s work location.

Act Sex Discrimination Act
Grounds Sex
Sexual harassment
Victimisation
Areas Employment
Outcome details

Compensation

Amount $17,500
Year

The complainant worked at the respondent university and claimed her manager, an academic, discriminated against her on the ground of her sex by undermining her, commenting on her appearance and referring to her as ‘looking good, but not adding any value to the portfolio’. She said the manager resigned after she made a complaint about him. She claimed there was a ‘boys’ club’ culture and she was not offered promotional opportunities that she had been promised or that she had sought. She alleged another academic sexually harassed her by making comments including ‘you’re pretty hot’. She said that after she made a complaint about this behaviour, her manager treated her less favourably and another academic did not support the renewal of her contract.

The respondents claimed the alleged comments were mischaracterised by the complainant and were not of a sexual nature. The university claimed the complainant was not the most qualified person for the promotional opportunities and that her contract was not renewed for operational reasons.

The complaint was resolved with an agreement that the university pay the complainant $17,500.

Act Sex Discrimination Act
Grounds Gender identity
Areas Administration of Commonwealth laws and programs
Goods, services and facilities
Outcome details

Revised terms and conditions

Year

The complainant identifies as a trans woman and alleged her superannuation fund persisted in addressing correspondence to her former male name.

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

The complaint was resolved with an undertaking by the superannuation fund to update the complainant’s record to reflect her correct name and gender identity.

Act Sex Discrimination Act
Grounds Sexual harassment
Victimisation
Areas Employment
Outcome details

Compensation

Amount $35,000
Year

The complainant alleged a male colleague at the respondent university sexually harassed her, including by using sexual innuendo in conversation, looking  at pornography on his computer, invading her personal space and touching her without consent. She also claimed a female colleague participated in some of the alleged conduct. The complainant alleged the male colleague waited for her outside the female toilets and confronted her about complaints she made to management about his conduct. She said the male colleague’s employment with the university ended following an internal investigation of her claims and he was not replaced, resulting in an increased workload for other staff.  She said her colleagues were unhappy about this and claimed a colleague said to her ‘it’s not like you were bloody raped, for God’s sake!’ The complainant felt she had no option but to resign.

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

The complaint was resolved with an agreement that the respondents jointly pay the complainant $35,000 as general damages.

Act Sex Discrimination Act
Grounds Family responsibilities
Sex
Areas Employment
Outcome details

Adjustments provided

Job offer

Year

The complainant is the primary carer for her grand-daughter, who has Autism, and for a number of relatives. She advised she had worked for the respondent government agency as an auditor for several years. She said she had been permitted to work two days per week and to use purchased leave to accommodate her family responsibilities. The complainant claimed that, after a restructure, the agency informed her she would be required to work three or four days per week and to take less or no purchased leave. The complainant had taken personal leave and become unwell.

The government agency denied discriminating against the complainant but agreed to participate in conciliation to try to resolve the matter.

The complaint was resolved with an agreement that the government agency offer the complainant a graduated return to work in a new two-day per week position. The agency also advised the complainant she would have access to purchased leave.