• 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
    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
    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
    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.

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

    Apology - Private
    Compensation
    Revised terms and conditions
    Policy change/Change in practice

    Amount
    $1,000
    Year
    2016

    The complainant uses a wheelchair and participated and presented at the respondent professional institute's research conference, which was hosted by the respondent hospitality school. He alleged he was unable to access the stage because there was no ramp. He also claimed he was unable to attend the conference dinner because it was held at a venue that was not wheelchair accessible.

    On being advised of the complaint the professional institute and the hospitality school agreed to participate in conciliation.

    The complaint was resolved with an agreement that the respodnents write to the complainant apologising for his experience at the conference and develop policies and procedures to ensure the accessibility of future events to participants with disability. The hospitality school also agreed to pay the complainant $1,000 in compensation for costs associated with attending the conference.

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

    Revised terms and conditions
    Policy change/Change in practice

    Year
    2016

    The complainant claimed her Deaf son was unable to access a performance because a sign-language interpreter was not available.

    On being advised of the complaint the company that staged the event agreed to participate in conciliation.

    The complaint was resolved with an agreement that the company provide sign-language interpreters for several performances in each city and set aside a number of places for Deaf persons wishing to attend those performances.

  • Act
    Disability Discrimination Act
    Sex Discrimination Act
    Grounds
    Disability
    Sexual harassment
    Sexual orientation
    Areas
    Employment
    Outcome details

    Compensation

    Amount
    $8,000
    Year
    2016

    The complainant has depression, anxiety and asthma and was employed by the respondent retailer as a casual sales associate. He alleged a district manager abused and made fun of him because of his disability and sexually harassed him, including by telling him to “get on his knees and blow customers and if the dick is too big for your throat, just have a quick inhale of your puffer and stick it down further”. He claimed the retailer took no action in response to his complaint about the alleged treatment and later terminated his employment.

    The retailer and district manager denied any knowledge of the complainant’s disability. The district manager denied making the alleged comments and the retailer said it had no record of any informal or formal complaints about the alleged treatment. The retailer said the complainant resigned when his shifts were reduced because he was found to be dishonest during an investigation into internal theft.

    The complaint was resolved with an agreement that the retailer pay the complainant $8,000 as an eligible termination payment.

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

    Revised terms and conditions

    Year
    2016

    The complainant’s adult son has an intellectual disability. She claimed that the respondent law enforcement agency failed to provide her son with an advocate when arresting him and he was therefore unable to understand what was happening.

    The law enforcement agency confirmed the complainant’s son was not provided with an advocate, but denied that this was discriminatory.

    The complaint was resolved with an agreement that the law enforcement agency add information to the complainant’s son’s file to the effect that he should be provided with an advocate to ensure he understands relevant information and procedures.

  • Act
    Disability Discrimination Act
    Grounds
    Disability
    Areas
    Employment
    Outcome details

    Compensation
    Reference

    Amount
    $97,500
    Year
    2016

    The complainant had been employed with the respondent government agency for about 10 years. He took time off work to seek treatment for depression. The complainant claimed the agency identified his position for redundancy because there were concerns he would not return to ‘full health’.

    The agency claimed the complainant’s position was made redundant for legitimate operational reasons and his disability was not a factor in the decision.

    The complaint was resolved with an agreement that the agency pay the complainant $97,500 as an eligible termination payment and provide him with a reference.

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

    Compensation

    Amount
    $50,000
    Year
    2016

    The complainant is 68 years of age and was employed as a helicopter pilot with the respondent government agency. He claimed he was asked about his retirement plans, told that he was 'getting past his used by date' and told he should think about moving on. He also claimed the agency prevented him from flying because of alleged concerns about the impact of a vision impairment on his ability to pilot a helicopter safely.

    The agency claimed concerns were held about the complainant's ability to safely perform his role and denied that the complainant’s age or disability were factors in decisions regarding his employment.

    The complaint was resolved with an agreement that the agency pay the complainant $50,000 nett. The parties agreed to end the employment relationship.

  • Act
    Disability Discrimination Act
    Grounds
    Disability
    Areas
    Employment
    Outcome details

    Compensation

    Amount
    $2,500
    Year
    2016

    The complainant has a medical condition causing inflamatory back pain and had previously been diagnosed with anxiety and depression. He was employed as a disability support worker with the respondent community organisation on a fulltime permanent basis. The complainant claimed the organisation sent him a warning letter regarding excessive absences from work shortly after he started an approved period of leave without pay to manage his psychosocial disability. He claimed the organisation terminated his employment after he refused an offer to work on a casual basis.

    The organisation claimed the complainant had a history of unplanned absences from the workplace over at least a 12 month period and this was having a significant and unsustainable impact on the service’s operations. The organisation claimed it attempted to accommodate the complainant’s disability by offering him an opportunity to work on a casual basis but the complainant refused this offer.

    The complaint was resolved with an agreement that the organisation pay the complainant $2,500 as general damages.

  • Act
    Disability Discrimination Act
    Grounds
    Disability
    Areas
    Disability Standards
    Education
    Outcome details

    Compensation;
    Statement of regret – private

    Amount
    $4,000
    Year
    2016

    The complainant’s son has major depression and generalised anxiety disorder, which can manifest as self-harming behaviour and suicidal tendencies. The complainant’s son was a year 11 student at the respondent private school, which was aware of his disability and provided adjustments, including accommodating low attendance and allowing him to complete work outside the counsellor’s office. The complainant claimed that ten days before a scheduled school overseas trip, the respondent principal withdrew permission for the complainant’s son to undertake the trip because of his low school attendance. The complainant also claimed the school had recently failed to properly accommodate her son’s disability and the school counsellor had made adverse comments about her son’s disability.

    On being advised of the complaint the school and its principal agreed to participate in conciliation.

    The complaint was resolved with an agreement that the school pay the complainant $4,000 as general damages and the principal write to the complainant’s son expressing regret for any distress he experienced as a result of the events giving rise to the complaint.

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

    Physical modifications

    Year
    2016

    The complainant has a physical disability, uses a walker and is unable to climb up and down stairs. She visited the respondent clinic for a blood test but was unable to access the building because there are steps leading to the entrance and no ramp access. She claimed the clinic did not provide her with assistance to enter the building or offer an alternative way to conduct the blood test.

    The clinic advised that it owns the building and confirmed there is no ramp access. The clinic said an application had been made to council to install a ramp but given the building is heritage listed, the conditions Council placed on approval would have imposed an unjustifiable hardship on the business. The clinic advised services can be delivered to registered patients unable to access the clinic in their homes but the complainant was seeking a service from another provider located in the same building.

    The complaint was resolved with an agreement that the clinic seek advice from a town planner about the feasibility of building a ramp in accordance with Council guidelines and install a ramp subject to Council approval and financial considerations.

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