Conciliation Register
Act |
Disability Discrimination Act |
Grounds |
Disability |
Areas |
Access to premises Goods, services and facilities |
Outcome details |
Policy change/Change in practice |
Year |
The complainant has osteoarthritis and uses lifts to accommodate resulting mobility difficulties. She alleged lifts at the respondent shopping centre were unavailable for an extended period, restricting her access to services on different levels.
On being notified of the complaint, the shopping centre indicated a willingness to try to resolve the complaint by conciliation.
The complaint was resolved with undertakings by the shopping centre to:
- Meet with the complainant to discuss her concerns
- Review its processes relating to regular monitoring of lifts, signage and customer feedback
- Source spare lift parts from different suppliers as appropriate and negotiate regular timely maintenance of the lifts with the current supplier
- Commission an independent review of the lifts.
Act |
Disability Discrimination Act |
Grounds |
Disability |
Areas |
Employment |
Outcome details |
Statement of regret (private) Compensation |
Amount | $10,000 |
Year |
The complainant has an acquired brain injury and was employed as a service officer in a government agency. The complainant said he advised the agency of his disability when he applied for the role and requested reasonable adjustments to accommodate his disability, particularly extra time to process information. He alleged the agency took over four months to provide him with adjustments and then terminated his employment.
The government agency said the complainant did not provide information about his disability during the onboarding process and the doctor who performed the pre-employment medical examination did not recommend provision of any adjustments. The agency said that once it became aware of the complainant’s disability, it obtained additional medical information and developed an individual support plan which included provision of adjustments. The agency said it terminated the complainant’s employment because he failed to meet satisfactory standards of performance during the probationary period.
The complaint was resolved with an agreement that the agency pay the complainant $10,000, write to him expressing regret for his experience in relation to performance appraisal and convey his feedback to its human resources and other relevant teams.
Act |
Disability Discrimination Act |
Grounds |
Associate Disability |
Areas |
Disability Standards Education |
Outcome details |
Apology (private) Compensation Policy - anti-discrimination/EEO policy reviewed/revised Policy change/Change in practice (external customers) Policy change/Change in practice (staff) Training - anti-discrimination/EEO training introduced |
Amount | $30,000 |
Year |
The complainant's son is on the Autism Spectrum and has Attention Deficit and Hyperactivity Disorder, among other disabilities. He attended the respondent K-12 independent faith-based school. The complainant alleged the school did not take reasonable steps to assist her son to transition from Year 6 to Year 7 and failed to provide him with reasonable adjustments. She claimed this led to an escalation in behaviour by her son and alleged the school responded in a punitive way by suspending him on multiple occasions rather than appropriately accommodating his disability. The complainant also alleged the school treated her less favourably as a parent of a student with disability by not addressing her concerns and making her feel guilt and shame by discussing concerns raised by other parents about her son. The complainant advised she felt she had no option but to remove her son from the school.
The respondent school denied discriminating against the complainant or her son but indicated a willingness to try to resolve the complaint by conciliation.
The complaint was resolved with an agreement that the school pay the complainant $30,000 as general damages and write to her and her family apologising for the hurt and distress they experienced as a result of the events giving rise to the complaint. The school also undertook to review its policies and procedures concerning supporting students with disability and behaviour management strategies more generally. Additionally, the school undertook to review training delivered to teachers to ensure appropriate training in supporting students with disability and behaviour support more generally.
Act |
Disability Discrimination Act |
Grounds |
Disability |
Areas |
Accommodation |
Outcome details |
Revised terms and conditions |
Year |
The complainant advised he has chronic mental health issues and lives in public housing. He alleged he was not allowed to keep a pet snake in his apartment while other residents were allowed to have pets.
The respondent public housing provider advised pets were not allowed in the complainant’s apartment unless an exemption had been granted.
The complaint was resolved with an agreement that the complainant would be granted an exemption allowing him to keep his snake so long as he provided assurances that he would keep the snake in a safe and secure manner.
Act |
Disability Discrimination Act |
Grounds |
Assistance animal Disability |
Areas |
Accommodation Goods, services and facilities |
Outcome details |
Statement of regret - public |
Year |
The complainant has psychosocial disability, including post-traumatic stress disorder, anxiety and depression, and has an assistance dog. The complainant owned an apartment and alleged the body corporate did not recognise his dog as an assistance animal. He said the body corporate’s newsletter said only guide dogs would be permitted to access communal areas. The complainant alleged the on-site manager refused to give him access to the pool area to toilet his dog and said words to the effect that ‘there is no way that three-month old puny is a registered assistance dog’.
On being advised of the complaint the respondents indicated a willingness to participate in conciliation.
The complaint was resolved with an agreement that the body corporate express its regret for the events giving rise to the complaint at a meeting of the body corporate.
Act |
Racial Discrimination Act |
Grounds |
Colour Race Racial hatred |
Areas |
Employment Racial hatred |
Outcome details |
Compensation Anti-discrimination/EEO training revised Named individuals to undertake anti-discrimination/EEO Training Apology - private |
Amount | $15,000 |
Year |
The complainant is African and has dark skin. He alleged colleagues made offensive comments related to his race, including that he only looked good in a mask because of his flat nose, he was another colleague’s ‘black boy’, and the he only has a ‘big dick’ because he is black.
Upon being notified of the complaint, the respondents 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 $15,000. Two of the individual respondents agreed to write to the complainant apologising for their comments. The company undertook to review its anti-discrimination and bullying policies and require the individual respondents to undertake revised anti-discrimination training.
Act |
Sex Discrimination Act |
Grounds |
Sexual harassment |
Areas |
Employment |
Outcome details |
Compensation Statement of regret - private |
Amount | $20,000 |
Year |
The complainant was employed as a traffic controller with the respondent traffic management business. She alleged one of the managing directors sexually harassed her at a Christmas party by pulling her towards him and rubbing her body, and later sending her a text message and leaving a voicemail message asking, ‘where is my f**k?’. She also alleged other colleagues propositioned her for sex.
The respondents denied the allegations but indicated a willingness to participate in conciliation to try and resolve the complaint.
The complaint was resolved with an agreement that the company pay the complainant $20,000 as general damages and write to her expressing regret for the events giving rise to the complaint.
Act |
Sex Discrimination Act |
Grounds |
Sex |
Areas |
Clubs/incorporated associations |
Outcome details |
Club membership/benefits provided |
Year |
The complainant is a woman and alleged the respondent bowls club did not admit women as full members.
The bowls club claimed that its constitution empowered and allowed its male-only committee to deny women full membership to the club.
The complaint was resolved with an agreement that the club accept the Complainant’s application for full membership and an acknowledgement by the club that women are entitled to full membership of the club.
Act |
Sex Discrimination Act |
Grounds |
Sexual harassment |
Areas |
Accommodation |
Outcome details |
Compensation |
Amount | $15,000 |
Year |
The respondent provided accommodation to the complainant, who was a distant relative from overseas. The complainant alleged the respondent sexually harassed her, including by making sexual comments, sending sexual text messages, showing her pornographic images and saying he would not have invited her to come live with him if he knew she would not have sex with him.
On being informed of the complaint, the respondent agreed to participate in conciliation.
The complaint was resolved with an agreement that the respondent pay the complainant $15,000 as general damages.
Act |
Disability Discrimination Act |
Grounds |
Disability Unlawful to contravene Disability Standards Victimisation |
Areas |
Access to premises Disability Standards Goods, services and facilities |
Outcome details |
Adjustments provided |
Year |
The complainant has a neurological condition and paraplegia. He claimed the pool at the respondent gym, which he used for hydrotherapy, was not accessible and he had fallen as a result. He claimed he was offered a water-wheelchair but felt this was undignified and railings should be provided to allow safe access to the pool.
On being notified of the complaint, the gym indicated a willingness to try to resolve the complaint by conciliation.
The complaint was resolved with an undertaking that access railings would be installed in the pool.
Act |
Disability Discrimination Act |
Grounds |
Assistance animal |
Areas |
Goods, services and facilities |
Outcome details |
Apology - Private Donation to charity Revised terms and conditions Anti-discrimination/EEO policy developed |
Year |
The complainant is deaf and uses a cochlear implant. She alleged the respondent motel informed her she would not be able to bring her service dog with her because it did not allow pets in guest rooms.
On being notified of the complaint, the motel indicated a willingness to participate in conciliation.
The complaint was resolved with an agreement that the motel write to the complainant apologising for what happened and confirming that assistance animals and their owners would be permitted to stay at the motel. The motel also undertook to make a donation to a charity of the complainant's choice and agreed to engage an independent third-party training organisation to train staff and develop a policy on assistance animals.
Act |
Disability Discrimination Act |
Grounds |
Disability aid Disability |
Areas |
Goods, services and facilities |
Outcome details |
Apology - Private Revised terms and conditions |
Year |
The complainant’s adult son has an acquired brain injury, experiences seizures and uses a wheelchair. The complainant advised she booked a wheelchair accessible taxi with the respondent taxi company to take her son to the local pool for hydrotherapy and bring him home afterwards. She alleges the taxi booked to bring her son home did not arrive, leaving him alone and wet at the pool carpark.
On being advised of the complaint the respondent taxi service indicated a willingness to participate in conciliation to try to resolve the complaint.
The complaint was resolved with an agreement that the taxi service write to the complainant and her son apologising for the incident and provide a direct contact point for future bookings.
Act |
Sex Discrimination Act |
Grounds |
Sex Sexual harassment |
Areas |
Employment |
Outcome details |
Compensation Anti-discrimination/EEO policy developed Anti-discrimination/EEO policy reviewed/revised Anti-discrimination/EEO training introduced Anti-discrimination/EEO training reviewed/revised |
Amount | $10,000 |
Year |
The complainant was employed as a trade assistant with the respondent commercial bricklaying company. She alleged co-workers sexually harassed her by making comments of a sexual nature, including that she could swallow a banana whole and they were going to tie her up and take her to a rape dungeon. The complainant said the comments ceased after she made an informal internal complaint. She alleged that some months later, a co-worker distributed nude photos of her which he had taken without her knowledge or consent whilst they were in an intimate relationship. The complainant alleged the company had no policies or procedures in place to prevent or respond to sexual harassment in the workplace. The complainant felt unable to return to work.
On being notified 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 $10,000. The company also undertook to:
-
Implement regular training for managers and supervisors on sexual harassment and relevant policies and procedures
-
Implement regular training for all staff on sexual harassment and discrimination
-
Develop and implement an internal complaints policy and process
-
Retain a law firm to review the company’s policies, procedures and training on sexual harassment, bullying and discrimination.
Act |
Sex Discrimination Act |
Grounds |
Sex Sexual harassment |
Areas |
Employment |
Outcome details |
Apology |
Amount | $55,000 |
Year |
The complainant was engaged in fly-in fly-out work for the respondent mining company. She alleged male team members and team leaders discriminated against her because of her sex and sexually harassed her, including by touching her buttocks, making comments of a sexual nature, and touching each other on the buttocks and penis. The complainant said she did not feel safe in the workplace and resigned because she felt she had no other option.
On being notified of the complaint, the mining company agreed to participate in conciliation.
The complaint was resolved with an agreement that the mining company pay the complainant $55,000 and write to her apologising for the events giving rise to the complaint.
Act |
Disability Discrimination Act |
Grounds |
Disability |
Areas |
Employment |
Outcome details |
Compensation Anti-discrimination/EEO policy developed Record changed Statement of regret - private Statement of service Anti-discrimination/EEO training introduced |
Amount | $4,750 |
Year |
The complainant is Aboriginal and has post-traumatic stress disorder and other disabilities. He was placed with the respondent cleaning company by a disability employment service. He claimed he was triggered by a workplace incident where he was accidentally locked in a room for a time. He said he asked to always work with a 'buddy' but this request was denied. He said his employment was terminated after he brought a family member to work to accommodate his disability.
The company said it was unaware of the complainant's disability or any need for adjustments. The company said all cleaners work with a 'buddy'. The company confirmed it terminated the complainant’s employment after he brought a family member onto a work site on multiple occasions against his manager's direction.
The complaint was resolved with an agreement that the company would characterise the end of the employment relationship as a resignation and provide the complainant with a statement of service. The company agreed to write to the complainant expressing regret that there was miscommunication and he felt unsupported in the workplace. The company undertook to investigate the provision of training on mental health for its staff and to review its policies on supporting employees with disability. The company also agreed to pay the complainant $4,750 as general damages.