Conciliation Register
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.
Act |
Disability Discrimination Act |
Grounds |
Disability |
Areas |
Goods, services and facilities |
Outcome details |
Compensation |
Amount | $1,500 |
Year |
The complainant has a lung disease and believed she would be eligible for an exemption from mask-wearing requirements imposed in response to COVID-19. She said she felt breathless when attending the respondent bank and so pulled her mask below her chin. She alleged a bank attendant and the branch manager insisted the mask must cover her nose and mouth.
On being notified of the complaint the bank indicated a willingness to attempt to resolve the complaint by conciliation.
The complaint was resolved with an agreement that the bank pay the complainant $1,500.
Act |
Racial Discrimination Act |
Grounds |
Ethnic origin Race |
Areas |
Goods, services and facilities |
Outcome details |
Apology - Private Financial compensation Training – Named individuals to undertake anti-discrimination/EEO training |
Amount | $300 |
Year |
The complainant is Vietnamese and attended an outlet of the respondent telecommunications retailer. He alleged he was refused an advertised concession discount and his concession card was not accepted because of his race. He alleged customers who were not Vietnamese received more favourable treatment.
The telecommunications retailer advised the complainant could not be offered the discount retrospectively.
The complaint was resolved with an agreement that the telecommunications retailer deliver training to the staff involved and write to the complainant apologising for his in-store experience. The retailer also offered he complainant approximately $300 in credit, an amount equivalent to the discount he was seeking.
Act |
Sex Discrimination Act |
Grounds |
Sexual harassment Victimisation |
Areas |
Employment |
Outcome details |
Compensation |
Amount | $35,000 |
Year |
The complainant was employed in a human resources role with the respondent property management company. She advised she was in a consensual romantic relationship with a manager that began before she was employed with the company and ended during her employment. The complainant alleged that after the end of the relationship, the manager sexually harassed her, including by sending her text messages about the women he would like to ‘f**k’ and telling her she should provide access as ‘every man likes pussy’. The complainant advised she was moved to a different reporting line after raising concerns about the manager’s conduct with senior management. She alleged the manager then told her she was not allowed to come into the office and her employment was terminated.
On being notified on the complaint, the respondent indicated a willingness to attempt to resolve the complaint by conciliation.
The complaint was resolved with an agreement that the respondents pay the complainant $35,000.
Act |
Sex Discrimination Act |
Grounds |
Gender identity |
Areas |
Goods, services and facilities |
Outcome details |
Apology - Private |
Year |
The complainant is a transgender woman. She alleged that a staff member of the respondent supermarket told her she was not a woman and laughed at her for wearing a dress.
On being advised of the complaint, the supermarket indicated a willingness to try to resolve the complaint by conciliation.
The complaint was resolved with an agreement that the supermarket apologise to the complainant for the events giving rise to the complaint and take the opportunity to remind staff of their obligations to treat all customers with dignity and respect.
Act |
Sex Discrimination Act |
Grounds |
Sex |
Areas |
Employment |
Outcome details |
Revised terms and conditions |
Year |
The complainant worked for a community organisation and alleged that a volunteer stroked her arm and embraced her without her consent at a work event. She said she reported the incident to the organisation and the police. She said the organisation found that the volunteer had breached its Code of Conduct but allowed him to keep working with the organisation. She alleged the matter would have been handled differently if she had been a man.
The community organisation denied discriminating against the complainant but agreed to participate in conciliation.
The complaint was resolved. The community organisation undertook to educate staff on harassment, review its policies and procedures on responding to reports of harassment, and make clear announcements about any changes to policy or procedure. The organisation also undertook to take steps to improve the conduct of volunteers, including developing selection criteria for volunteers, updating the Code of Conduct for volunteers, properly briefing volunteers on their obligations under the Code of Conduct, and developing a process to addressed alleged breaches of the Code of Conduct by volunteers.
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 |
Age Discrimination Act |
Grounds |
Age |
Areas |
Employment Insurance |
Outcome details |
Other opportunity provided |
Year |
The complainant is 64 years of age and was employed by the respondent computer wholesaler and IT services provider. Employees under the age of 65 were covered by a group salary continuance insurance policy which provided a monthly income benefit in case of total or partial disability due to illness or injury. Employees who were members of the corporate superannuation fund were also covered by a death and total and permanent disability insurance policy which provided a lump sum payable on death or total and permanent disablement. Cover under the latter policy progressively decreased after an employee turned 60 years of age until age 65 when cover ceased completely. The complainant alleged the company discriminated against him on the ground of age by not providing him with the same insurance benefits available to other employees.
The company said that it was not contractually or statutorily required to offer these insurance benefits and that participation in these arrangements was therefore not a term or condition of employment. The company claimed that the age restrictions were features of the insurance policies it procured and that it was unable to control what insurance products were commercially available.
The complaint was resolved. The company undertook to inform staff impacted by the age restrictions as soon as possible and to look for policies with fewer age restrictions when it was time to source new policies. The company also agreed that if the complainant could source a policy in the market that covered him and that was capable of being salary sacrificed, it could facilitate the salary-sacrifice arrangements.