Conciliation Register

The complainant is a 19-year-old Aboriginal woman. She alleged that colleagues at the fast food outlet where she worked made racist and derogatory comments about Aboriginal people. She alleged that, on one occasion, her manager said she did not like 'those dirty Aboriginals'. She claimed she raised the issue with the store owner, but nothing was done. The complainant said she felt she had no option but to resign. 

The store owner and franchise advised that the store owner had investigated the complainant's claims and provided statements given by the two colleagues concerned. The respondents said the complainant's former manager had been issued with a formal warning. The respondents said no action was taken against the other colleague because there was no evidence that he made inappropriate statements and because the complainant was alleged to have made offensive comments about his sexuality. 

The complaint was resolved. The store owner and franchise undertook to direct the two staff members referred to in the complaint to undertake an online training module on appropriate workplace conduct. They also agreed to pay the complainant $3,000 net and write to her apologising for the comment and any distress the complainant experienced. The franchise also undertook to investigate the workplace culture at the outlet where the complainant worked. 

The complainant worked for the respondent real estate agency and alleged her manager sexually harassed her, including by touching her on the legs and thighs, massaging her shoulders and making sexually explicit comments. She alleged that after she complained about the conduct, the agency victimised her by removing her from two projects as lead agent and performance managing her. She further alleged the agency discriminated against her on the grounds of her sex and pregnancy by offering male agents lead roles and not her. The complainant ceased working for the agency and commenced worker's compensation proceedings. 

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 pay the complainant $168,750. This figure was not inclusive of workers compensation payments already made, but also settled the ongoing worker's compensation dispute.

The complainant alleged the respondent beauty parlour refused to give her a foot massage because she was pregnant.

On being notified of the complaint the beauty parlour indicated a willingness to try to resolve the complaint by conciliation.

The complaint was resolved with an agreement that the beauty parlour update its policies and procedures with respect to services provided to pregnant women, apologise to the complainant for the incident and refund her for the value of a gift certificate.

The complainant is homosexual and worked for the respondent university. He claimed a colleague told another colleague that the complainant was sending him ‘gross’ photos and that he did not want to work with the complainant because of his sexual orientation. The complainant alleged that the university terminated his contract when he asked not to be allocated shifts with the colleague.

The university did not agree with the complainant’s view of events but indicated a willingness to participate in conciliation to try to resolve the complaint.

The complaint was resolved with an agreement that the university pay the complainant $1,000.

The complainant worked as a childcare worker for the respondent childcare centre. She developed a pregnancy-related medical condition and asked for adjustments to accommodate her condition, including reduced hours and weightlifting restrictions. She said these requests were accommodated initially. However, she alleged that after a period of leave, she was informed that on her return, she would be primarily performing kitchen duties, which involved repetitive lifting, bending and standing. She said that when she told the childcare centre that these duties would not be suitable, she was placed on special parental leave. 

The childcare centre denied discriminating against the complainant on the grounds of her pregnancy or disability but agreed to participate in conciliation.

The parties agreed to end the employment relationship. The childcare centre agreed to pay the complainant $35,000 as an eligible termination payment and in compensation for accrued entitlements and to provide her with a statement of service.

The complainant alleged that the respondent software business terminated his employment in a sales role three weeks after recruiting him because of his criminal record. The complainant said he had left his employment with another employer to take up the position with the business. The complainant was charged with, but not convicted of, assault and domestic violence related offences six years earlier.  

The software business said that its decision to terminate the complainant's employment was based on a legitimate contractual right to terminate employment if an employee did not return a satisfactory criminal record check. The business agreed to participate in conciliation to try to resolve the complaint.  

The complaint was resolved with an agreement that the business pay the complainant approximately $8,500. 

The complainant has strabismus (is ‘cross-eyed’) and was employed by a labour-hire company to work at the respondent insurance company. He alleged a colleague would make fun of him and his disability, mimic him to other staff by crossing her eyes and berate him. He said he raised concerns about this conduct with a manager and was told this was his fault because he was not a good fit for the team. The complainant said he felt he had no choice but to leave the employment before the end of his contract. 

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

The complaint was resolved with an agreement that the insurance company pay the complainant $5,000 as general damages and write to him expressing regret for the events giving rise to the complaint. The insurance company also undertook to review its workplace conduct, anti-discrimination and grievance policies. 

The complainant’s 15-year-old son has Autism Spectrum Disorder and Attention-Deficit and Hyperactivity Disorder and can become distressed when in crowded and noisy environments. The complainant claimed he was unable to take his son to a multi-day agricultural show because organisers did not schedule a day with reduced noise and crowds in order to accommodate the needs of people with disability. 

The organisers of the agricultural show claimed it was not possible to set a whole day aside as a ‘quiet day’ because of the short duration of the show and the number of stakeholders involved. Organisers said they had taken several steps to try to accommodate the needs of patrons with disability and to better manage noise and crowds. 

The complaint was resolved with an undertaking by organisers to: 

* Develop maps showing quieter and louder areas of the venue 

* Offer information on which times or days are least crowded 

* Provide a break-out area for people with disability 

* Update and improve the page on the show’s website dedicated to people with disability.

The complainant was employed as a store manager with the respondent retailer and injured his collar bone in a non-work-related incident. He said he was deemed unfit for any duties for four weeks and then fit for duties with restrictions on what weight he was able to lift. The complainant alleged the retailer and its owner would not allow him to return to work until he was fit to resume all duties without restriction. He claimed that, as a result, he was required to access three months of personal and annual leave. 

On being advised of the complaint, the retailer and its owner agreed to participate in conciliation. The retailer sold the outlet at which the complainant worked, and he was therefore made redundant prior to the conciliation conference. 

The complaint was resolved with an agreement that the retailer and its owner pay the complainant approximately $10,100 as a contribution to his legal costs and $5,000 as an ex-gratia payment. 

The complainant has a hearing impairment and worked as a nurse with the respondent health service. She advised she experienced significant hearing loss and asked to be moved to a less noisy environment. She alleged the health service told her she would be required to take leave without pay until her situation improved. 

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

The complaint was resolved with an agreement that the complainant be reinstated in her role in a supported capacity. 

The complainant says he is homosexual and worked as a dispute officer with the respondent bank. He alleged a colleague made numerous comments about his sexuality and asked him if he was sexually involved with another male colleague. The complainant said he told his colleague that the comments made him uncomfortable and asked him to stop. He alleged his colleague did not take his request seriously, laughed at him and persisted with the comments. The complainant was no longer working at the bank when he made the complaint.

The bank said that following an internal investigation, the complainant’s allegations could not be substantiated. The bank noted there was a bantering culture within the complainant’s team.

The complaint was resolved with an agreement that the bank pay the complainant $2,000 and direct his former colleague to attend one-on-one training on anti-discrimination and leadership behaviours.

The complainant took time off work with the respondent government authority and was diagnosed with motor-neurone disease. He said he contacted the authority to discuss a return to work and asked if the office was wheelchair accessible, given he now used a wheelchair for mobility. He alleged the authority required him to prove his diagnosis even though he had already provided a medical certificate. The complainant thought the authority was trying to delay his return to work because the office was not wheelchair accessible. 

The government authority said the complainant had been away from work for a long time and it therefore had a responsibility to ascertain that he was fit to return to work and perform the inherent requirements of the role. The authority claimed it took all reasonable steps to facilitate the complainant’s return to work. 

 

The complaint was resolved. The parties agreed to end the employment relationship and the government authority agreed to pay the complainant $30,000 as general damages. 

The complainant has cancer, which required surgery and radiation therapy, and a work-related arm injury. She worked as an administrative officer with the respondent community organisation and alleged the operations manager ignored her, took away her work mobile phone and reduced her tasks. She alleged she was made redundant following a period of leave to undertake cancer treatment. 

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 re-employ the complainant on the same terms and conditions under which she was previously employed. The organisation undertook to actively pursue redeployment opportunities within the organisation and to meet with the complainant each week to discuss any redeployment opportunities or applications. It was agreed that if the complainant is unable to be redeployed, she will be made redundant. If this occurred, the organisation would pay her approximately $4,600 ex-gratia, $18,240 as a severance payment, $5,700 in lieu of notice and any accrued entitlements.   

The complainant is Aboriginal and alleged that, during a conversation in the dining room of a hotel, the respondent, whom she knew in a professional capacity, made derogatory comments about Aboriginal people and referred to them as ‘gins’ and ‘coloured people’. The complainant said she found the comments and the terms used to describe Aboriginal people offensive and intimidating. 

The respondent had a different recollection of the conversation but indicated a desire to try to resolve the complaint by conciliation. 

The complaint was resolved with an agreement that the respondent apologise to the complainant and pay her $12,500. The respondent also agreed to undertake management training covering cultural awareness and discrimination law and policy. 

The complainant worked in an administrative role with the respondent electronics company. She alleged her manager sexually harassed her, including by making comments of a sexual nature and talking about his penis, pornography and his sex life. She said the manager’s conduct caused her great distress, requiring her to take time off work and see a psychologist. She alleged the company refused to cover the cost of the psychologist on the basis that it was not her employer. 

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

The complainant left the employment prior to the conciliation conference. The complaint was resolved with an agreement that the company pay the complainant $20,000 as general damages.