• Act
    Disability Discrimination Act
    Grounds
    Disability
    Areas
    Employment
    Outcome details

    Other opportunity provided

    Year
    2017

    The complainant applied for employment as a Protective Services Officer with the respondent law enforcement agency. He said he passed the entrance exam, the traffic and criminal record checks and the fitness test. The complainant disclosed he had experienced a short period of depression and had undergone spinal surgery several years earlier but had no ongoing medical conditions. He claimed the law enforcement agency told him his current application and any future applications would not be considered because he was deemed medically unfit for the role.

    On being advised of the complaint the law enforcement agency agreed to participate in conciliation.

    The complaint was resolved with an agreement that the agency review the complainant’s file with respect to medical suitability in light of additional information the complainant would provide.

  • Act
    Disability Discrimination Act
    Grounds
    Assistance animal
    Disability
    Areas
    Goods, services and facilities
    Outcome details

    Statement of regret – Private

    Compensation

    Revised terms and conditions

    Policy change/Change in practice

    Anti-discrimination/EEO training introduced


    Amount
    $250
    Year
    2016

    The complainant has an accredited assistance animal trained to allievate the effects of a psychosocial disability.  She claimed that when she went to the emergency department of the respondent public hospital for medical attention she was told she would need to leave her dog outside.  She said eventually a nurse examined her in the ambulance bay and her assistance animal was allowed to remain with her.  However, the complainant claimed this meant her privacy was not respected.

    On being advised of the complaint the hospital indicated a willlingness to try to resolve the matter by conciliation.

    The complaint was resolved with an agreement that the hospital pay the complainant $250 ex-gratia and write to her expressing regret for any hurt or distress she experienced.  The hospital also undertook to review and update its assistance animal policy and train emergency staff on discrimination against patients with assistance animals.

  • Act
    Age Discrimination Act
    Racial Discrimination Act
    Grounds
    Age
    Ethnic origin
    National origin/extraction
    Race
    Areas
    Employment
    Outcome details

    Apology

    Year
    2016

    The complainant said her son, who is 17 years of age and of Indian origin, had been employed by the respondent leisure centre. The complainant claimed that because of her son’s age and race, his employer did not provide him with adequate medical treatment following a work-related injury.

    The leisure centre denied discriminating against the complainant’s son and claimed the same medical treatment is offered to any injured employee.

    The complaint was resolved with an agreement that the leisure centre write to the complainant’s son acknowledging his hurt and distress.

  • Act
    Disability Discrimination Act
    Grounds
    Disability
    Areas
    Goods, services and facilities
    Outcome details

    Compensation
    Named individuals to undertake anti-discrimination/EEO training

    Amount
    $200
    Year
    2016

    The complainant’s adult son has a disability which means he requires a constant supply of oxygen. The complainant said that when the family went to the respondent restaurant they brought a spare oxygen cylinder with them. She claimed that when they sought to use the spare oxygen cylinder they found it had been moved and this caused her son great distress.

    The restaurant acknowledged the complainant’s concerns but denied that staff had moved the oxygen cylinder.

    The complaint was resolved with an agreement that the restaurant pay the complainant approximately $200 as a refund for the cost of the meal and the operations manager attend anti-discrimination training.

  • Act
    Disability Discrimination Act
    Grounds
    Disability aid
    Disability
    Areas
    Goods, services and facilities
    Outcome details

    Compensation
    Revised terms and conditions
    Policy change/change in practice

    Amount
    $1,200
    Year
    2016

    The complainant has multiple sclerosis and uses a walking frame or wheelchair to assist with mobility. She claimed that, when checking in for a flight with the respondent airline, she was told she would need to check-in her walking frame. She said she was provided with an aisle wheelchair for use in the airport but felt unsafe. The complainant claimed that when she arrived at her destination the wheelchair she had requested was not provided and she was required to make her way across the tarmac by sitting on her walking frame, which was pushed by her daughter. She said that due to the uneven terrain she fell and hit her head.

    While the airline acknowledged some failings in customer service, it denied unlawfully discriminating against the complainant.

    The complaint was resolved. The airline undertook to review its disability access policies and procedures with reference to the incidents that gave rise to the complaint. In particular, the airline advised it would amend its policy to allow passengers to use non-powered mobility devices until the departure gate. The airline also agreed to pay the complainant $1,000 and provide her with $200 credit towards future travel.

  • Act
    Disability Discrimination Act
    Grounds
    Disability
    Unlawful to contravene Disability Standards
    Areas
    Education
    Outcome details

    Revised terms and conditions

    Year
    2016

    The complainants' son has a hearing impairment and attends a public primary school. The complainants claimed the school failed to provide their son with necessary sign-language interpreting support.

    On being advised of the complaint the relevant government department agreed to participate in conciliation.

    The complaint was resolved with an agreement that the department would arrange a case conference to evaluate and assess gaps in the student’s individual learning plan with a view to increasing allocated time with a visiting teacher for deaf students. It was also agreed that the school would submit an application for re-assessment of the disability related funding allocated by the department.

  • Act
    Disability Discrimination Act
    Grounds
    Disability aid
    Disability
    Areas
    Goods, services and facilities
    Outcome details

    Access to premises provided - physical modifications
    Apology - Private
    Revised terms and conditions
    Compensation

    Year
    2016

    The complainant has a mobility disability and uses a wheelchair. She claimed she was required to try on clothes in an open lounge area at the respondent retailer’s store because the only accessible changeroom was in the children’s department and being used for storage.

    On being advised of the complaint the retailer indicated a willingness to try to resolve the matter by conciliation.

    The complaint was resolved with an agreement that the retailer:
    • provide clear signage to accessible changerooms and clearly label accessible changerooms on store maps;
    • ensure accessible changerooms are unlocked and empty of stock;
    • write to the complainant apologising for the incident; and
    • compensate the complainant for the legal costs she incurred in relation to her complaint.

  • Act
    Disability Discrimination Act
    Grounds
    Assistance animal
    Disability
    Areas
    Access to premises
    Goods, services and facilities
    Outcome details

    Revised terms and conditions
    Anti-discrimination/EEO training reviewed/revised
    Compensation

    Year
    2016

    The complainant has an assistance animal trained to alleviate the effects of a psychosocial disability. He claimed that towards the end of a sporting event at the respondent stadium, staff told him he was not allowed to remain with his assistance animal. He said the discusssion became heated and officers of the respondent law enforcement agency approached. The complainant claimed these officers did not respond appropriately to the situation.

    The stadium confirmed staff approached the complainant because he was accompanied by a dog, but noted that he was ultimately allowed to remain until the end of the sporting event.
    The law enforcement agency confirmed officers noticed the interaction between the complainant and stadium staff had become heated and approached to provide assistance if required. The law enforcement agency said officers took no further action once it became clear the situation had been dealt with.

    The complaint was resolved. The stadium agreed to offer the complainant eight free tickets to future sporting events. The law enforcement agency agreed to remind officers of the right of persons with disability to be accompanied by an assistance animal.

  • Act
    Other discrimination in employment
    Grounds
    Criminal record
    Areas
    Employment
    Outcome details

    Job offer

    Year
    2016

    The complainant claimed the respondent transport provider did not accept his application to work as a driver because of his criminal record. The complainant had been convicted of assault and malicious damage thirty years earlier. He said he had been driving public transport vehicles for over thirty years without incident.

    On being advised of the complaint the transport provider indicated a willingness to try to resolve the matter by conciliation.

    The complaint was resolved with an agreement that the complainant become a driver for the transport provider.

  • Act
    Racial Discrimination Act
    Grounds
    Racial hatred
    Areas
    Racial hatred
    Outcome details

    Apology - private

    Other

    Year
    2016

    The complainants are Aboriginal and live in public housing. They claimed a neighbour attempted to remove them by starting a petition around the neighbourhood and sending the petition to the government body responsible for the property. They also claimed that the neighbour made racially derogatory comments including calling them ‘black c**ts’.

    The neighbour denied starting a petition. He claimed another neighbour wrote a letter to the relevant department on behalf of house owners in the neighbourhood raising concerns about the department not adhering to its project regarding sale of properties in the neighbourhood. The neighbour denied making the alleged comments, but said there was an altercation between him and one of the complainants when he tried to raise concerns about the complainants’ grandchild throwing rocks and eggs at the neighbours' windows.

    The complaint was resolved. The complainants’ neighbour apologised for any upset or distress experienced as a result of the altercation. The parties expressed a mutual desire to improve their relationship and agreed to attend the complainants’ local church together to get to know each other better. One of the complainants agreed to speak with his grandchildren about appropriate behaviour around the neighbourhood.

  • Act
    Racial Discrimination Act
    Grounds
    Ethnic origin
    National origin/extraction
    Race
    Areas
    Goods, services and facilities
    Outcome details

    Apology - Private
    Compensation
    Policy change/Change in practice

    Amount
    $30
    Year
    2016

    The complainant is of Chinese ethnic origin and claimed the respondent supermarket cancelled his online order for infant formula because of his ethnic origin. He advised his wife is Caucasian and claimed her order for infant formula was not cancelled.

    On being advised of the complaint the supermarket indicated a willingness to try to resolve the matter by conciliation.

    The complaint was resolved. The supermarket wrote to the complainant providing an explanation for the incident and apologising for any distress he experienced. The supermarket offered the complainant a $30 voucher and advised it would revise its policies and procedures with respect to online and in-store purchases of infant formula.

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

    Compensation
    Statement of service

    Amount
    $90,000
    Year
    2016

    The complainant held a senior sales role with the respondent financial services company. She alleged that a manager sexually harassed her, by actions which included groping her bottom and breasts, during a meeting and an after-work function that she was asked to attend prior to the commencement of her employment. She also alleged the manager sexually harassed her during a subsequent work retreat, including by propositioned her for sex and sexually assaulting her. She claimed the company victimised her for making a formal complaint by placing her on special leave, not paying her commission for work she performed and denying her access to various internal systems and a compassionate transfer. She said the company failed to respond appropriately to her complaint, ceasing the investigation after the manager left his employment.

    The company said the former manager denied sexually harassing the complainant and claimed any conduct was consensual. The company said the former manager was suspended pending an investigation into the complainant’s allegations and left the organisation before the investigation was concluded. The company said the complainant was granted special leave in response to a request not to attend work and was on unpaid leave because she had become unwell and no alternative work in equivalent roles was available.

    The complaint was resolved with an agreement that the company and former manager jointly pay the complainant $69,000 as general damages and $21,000 compensation for legal costs. The parties agreed to end the employment relationship and the company provided the complainant with a statement of service.

  • Act
    Sex Discrimination Act
    Grounds
    Family responsibilities
    Sex
    Sexual harassment
    Victimisation
    Areas
    Employment
    Outcome details

    Compensation

    Amount
    $6,000
    Year
    2016

    The complainant worked for the respondent club in a hospitality role. She alleged her supervisor sexually harassed her including by making comments of a sexual nature about her sexual activities and asking if she wanted ‘a threesome’. The complainant claimed that on returning to work after maternity leave, she was allocated night and weekend shifts, despite being a single parent with two children. She also claimed her manager was abusive towards her if her children were sick or if she could not organise a baby sitter. The complainant alleged that because she attempted to assert her rights regarding her family responsibilities, the club pressured her to resign and she left her employment.

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

    The complaint was resolved with an agreement that the club pay the complainant $6,000.

  • Act
    Age Discrimination Act
    Grounds
    Age
    Areas
    Goods, services and facilities
    Outcome details

    Compensation

    Amount
    $1,000
    Year
    2016

    The complainant said the respondent airline required each infant passenger to be accompanied by an adult and therefore his two infant twins were unable to travel with their mother only.

    The airline confirmed each infant under the age of 23 months must travel with an adult. The airline claimed this policy was consistent with safety and regulatory requirements.

    The complaint was resolved with an agreement that the airline offer the complainant $1,000 in credit towards future airline tickets.

  • Act
    Age Discrimination Act
    Grounds
    Disability
    Areas
    Employment
    Outcome details

    Revised terms and conditions

    Year
    2016

    The complainant has rheumatoid arthritis and lupus and drives to the hospital where she works because she is unable to use public transport. She said she was permitted to park in the underground car park of the building where she worked as an adjustment for her disability. She claimed her employer, the respondent medical services company, directed staff to no longer use the underground car park. The complainant said she was unable to use other nearby car parks because the walking distance to work was too great.

    The company advised that the decision not to allow staff to use the underground car park was made by the hospital where the company is located. The company said employees were reinbursed for the cost of using neighbouring car parks.

    The complaint was resolved with an agreement that the complainant be permitted to use the hospital care park and be reinbursed for parking costs at the same rate as her colleagues.

  • Act
    Disability Discrimination Act
    Grounds
    Disability
    Victimisation
    Areas
    Employment
    Outcome details

    Statement of service
    Other

    Year
    2016

    The complainant has anxiety and depression and had a major episode a couple of years previously while employed as an electrician with the respondent company. He claimed that on returning to work colleagues treated him less favourably because of his disability including by calling him names. The complainant claimed the company was aware of the alleged treatment but took no action. He also claimed the company began offering him less work and ultimately terminated his employment. He also alleged the company victimised him after he made a complaint about the alleged treatment.

    The company denied any knowledge of the complainant's disability or that colleagues were calling him names. The company said there was no record of the complainant making an internal complaint and claimed that any allegations would have been investigated in accordance with relevant procedures. The company said the complainant was dismissed because of unsatisfactory performance, dishonesty in the investigation process and a breach of company procedure.

    The complaint was resolved with an agreement that the company provide the complainant with a statement of service and a number of counselling sessions through its Employee Assistance Provider.

  • Act
    Disability Discrimination Act
    Grounds
    Disability
    Areas
    Goods, services and facilities
    Outcome details

    Access to premises provided
    Revised terms and conditions

    Year
    2016

    The complainant has a mobility disability and claimed she was unable to use the accessible toilet facilities at a bus terminal because they were locked. She said businesses at and near the bus terminal told her they did not have a key to the accessible toilet facilities.

    The company that operated the bus terminal advised a key to the accessible toilet facilities should have been available from the bus company desks located at the terminal.

    The complaint was resolved after the company reminded bus companies located at the terminal that they should hold a key to the accessible toilet facilities and provide it on request. The company also placed signage on the toilet door advising how the key could be obtained.

  • Act
    Disability Discrimination Act
    Grounds
    Disability
    Areas
    Goods, services and facilities
    Outcome details

    Compensation 
    Policy change/Change in practice (external customers)

    Amount
    $280
    Year
    2016

    The complainant has an intellectual disability and holds a companion card, which entitles him to free tickets for certain events for his companion. He sought to book tickets for himself and his companion for an event on the respondent company's website. He said he was unable to make the booking online and there was no information available about alternative booking methods. The complainant ultimately purchased two full-price tickets online.

    The company said those seeking to book tickets for companions should do so by phone or email as this ensures customers’ specific needs are met. The company acknowledgeed information about the correct booking process may not have been clearly displayed on its website.

    The complaint was resolved with an agreement that the company:

    set up a phone line dedicated to customers with specific needs;

    provide clear information for people with specific booking needs on its website;

    pay the complainant approximately $280 in compensation for the difference in ticket cost;

    and set up a working group to investigate the possibility of booking companion tickets online.

  • Act
    Disability Discrimination Act
    Grounds
    Assistance animal
    Associate
    Disability
    Areas
    Goods, services and facilities
    Outcome details

    Action taken against named individuals
    Complainant satisfied with response/action taken

    Year
    2016

    The complainants are vision impaired and one uses a guide dog. They claimed two drivers from the respondent transport service refused to carry them because one of them was accompanied by a guide dog.

    The transport service advised that drivers are made aware of the company’s policies regarding carriage of passengers with assistance animals. The transport service said the two drivers concerned were counselled and reminded of their obligation to carry passengers with assistance animals.

    The complainants were satisfied that the actions taken by the transport service in response to their complaint resolved the matter.

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