Conciliation Register

The complainant is blind, has anxiety and has an assistance dog. She alleged she was originally not allowed to board a cruise with her assistance animal. She said she was ultimately allowed to board, but told she would not be permitted to board with an assistance animal in the future.

On being notified of the complaint, the cruise company indicated a willingness to participate in a conciliation process.

The complaint was resolved with an undertaking that the complainant’s record reflect she travels with an assistance animal to ensure similar issues do not arise in future trips.

The complainant was employed as a shop assistant with the respondent food outlet. She alleged the franchise owner sexually harassed her, including by making comments about her body, taking private photos from her phone, lifting up her shirt, touching her and exposing himself to her. 

The business denied the allegations but agreed to participate in conciliation.

The complaint was resolved with an agreement that the business pay the complainant $3,250 as general damages, develop anti-discrimination and harassment policies and deliver training to staff on those policies.

The complainant worked for the respondent clothing retailer as a fitter of intimate apparel. She alleged the retailer reduced her hours from approximately 35 to three to six hours per week after becoming aware of her intention to have children. She further alleged that, once she informed the retailer of her pregnancy, her hours were further reduced and unwarranted concerns about her performance raised in an effort to pressure her to resign.

 

The retailer denied the allegations but agreed to participate in conciliation.

The complaint was resolved. The parties agreed to end the employment relationship. The retailer agreed to pay the complainant $10,000 less applicable tax.

The complainant alleged that an offer of employment as a support worker in a community organisation was revoked by senior management because of her criminal record. She said she disclosed her criminal record during the recruitment process. The complainant had been convicted of minor theft and fraud offences approximately nine years earlier. She claimed the organisation offered her no opportunity to discuss the circumstances surrounding her criminal record before making its decision. 

The organisation claimed the complainant’s criminal record was inconsistent with the inherent requirements of the support worker role, which involved working without supervision in the homes of vulnerable persons and with full access to their possessions.

The complaint was resolved with an agreement that the organisation pay the complainant $1,500, the equivalent to six weeks’ wages. The organisation also apologised to the complainant for the distress caused by the decision to make, and then revoke, the offer of employment.

The complainant is 52 years of age and applied for an overseas position as an English teacher. She alleged the respondent company did not progress her application because it considered she would be unlikely to secure a visa due to her age.

The company claimed the decision not to hire the complainant was based on merit and suitability for the role.

The complaint was resolved with an agreement that the company commission anti-discrimination training for all its staff, review its policies and procedures and recommend to its parent company that the recruitment process be reviewed in order to avoid age discrimination. The company also agreed to pay the complainant $2,000.

The complainant is 72 years of age and claimed the respondent financial institution declined his application for a credit card despite him meeting relevant income threshold requirements. He claimed the financial institution told him that his age was a factor in the decision to decline the application.

The financial institution confirmed it declined the complainant’s application for a credit card and explained that the process by which ability to meet payments was assessed could underestimate retirees’ ability to pay because it focused on taxable income. 

The complaint was resolved. The financial institution offered the complainant a credit card following discussion of information relevant to the complainant's ability to meet payments.

The complainant has muscular dystrophy and has difficulty walking. He alleged he was unable to access the respondent supermarket outlet because there was a high step at the front entrance and the accessible entrance was locked.

The supermarket advised that, in response to the complaint, it would keep the accessible entrance open during business hours.

The complaint was resolved with an agreement that the supermarket pay the complainant $5,000.

 

The complainant has a limited ability to lift weight and move his arms due to undergoing a quadruple bypass to manage a heart condition. He erected a temporary pergola in his backyard, as he was unable to operate a different type of shade structure because of his disability. He alleged the respondent owners corporation failed to approve his application for the pergola as a reasonable adjustment and directed him to remove it. The complainant also alleged the respondent strata management company was responsible for the discrimination.

The respondents claimed the complainant erected the pergola without first seeking permission to do so. They also claimed that, when he did seek permission, he failed to advise the respondents of his disability and need for that particular shade structure to accommodate his disability.

The complaint was resolved with an agreement that the owner's corporation grant permission for the complainant to keep the pergola subject to a review of the complainant's ongoing need for the pergola on medical grounds in six months’ time.

 

The complainant has an assistance animal to alleviate the effects of a number of disabilities, including social anxiety, Attention-Deficit and Hyperactivity Disorder and Post-Traumatic Stress Disorder. The complainant alleged staff at the respondent grocery store told her she was not allowed in with her dog, despite her explaining it was an assistance animal. The complainant said she was ultimately served, but felt very upset.

The store owner explained he had been unaware of his obligations under federal discrimination law and served the complainant once she explained her dog was an assistance animal and should be allowed in the store.

The complaint was resolved with an agreement that the store owner place an ‘Assistance Dogs Welcome’ sign in his store and write to the complainant expressing regret for the incident.

The complainant worked as a sales assistant and then as a store manager with the respondent furniture company. She alleged that two male directors and a male colleague sexually harassed her over several years, including by drawing sexually explicit cartoons and showing them to her, telling her she needed a ‘boob job’, making comments of a sexual nature, telling sexually explicit stories and showing other colleagues sexually explicit videos.  The complainant claimed other directors took no action in response to her concerns about this conduct and so she felt she had no option but to resign.

The respondents claimed the complainant was a willing participant in any conduct of a sexual nature that did take place and that she engaged in like conduct.

The complaint was resolved with an agreement that the respondents would jointly pay the complainant $30,000 and that the company will develop a discrimination and harassment policy which will include discussion of sexual harassment and sex discrimination. Each individual respondent also agreed to write to the complainant expressing regret for the incidents giving rise to the complaint and to undertake training delivered by an external provider on discrimination and harassment, including sexual harassment and sex discrimination.

The complainant was employed as a chef at the respondent restaurant. She alleged that her acting supervisor sexually harassed her by touching her on the back and shoulders, asking her on dates, telling her ‘you need to build some ass’  and telling her that she looked like a MILF when she wore dark lipstick. The complainant alleged that, after she told management about the conduct and her intention to lodge a complaint with this Commission, she was told not to attend her next shift, management raised concerns about her performance and she was told ‘I would resign if I were you’. She felt she had no option but to resign from her employment. 

The complainant’s former supervisor claimed he and the complainant had recently ended a consensual sexual relationship. He claimed that if he touched her in the kitchen, it was only to move past her. While he confirmed that he made some of the alleged comments, he denied others. The restaurant claimed it counselled the complainant’s former supervisor in response to her internal complaint and removed his higher duties. The restaurant claimed it held genuine concerns about the complainant’s performance prior to her internal complaint. The restaurant said these included that the complainant was producing poor quality food, was not wearing a hair net in the kitchen and wore nail polish to work. 

The complaint was resolved with an agreement that the restaurant pay the complainant approximately $1,100, equivalent to three weeks’ pay. The restaurant also agreed to hold an all-staff meeting to be attended by the complainant and her former supervisor. The complainant’s former supervisor agreed to say the following at the all-staff meeting: ‘I understand there was a complaint from [the complainant] about workplace issues involving me. I confirm that we were able to resolve the complaint through conciliation. I regret that [the complainant] left the restaurant in the way she did and I wish her all the best for future endeavours.’ The complainant agreed to discontinue complaints she had made in other jurisdictions.  

The complainant is 72 years of age and claimed the respondent financial institution declined his application for a credit card despite him meeting relevant income threshold requirements. He claimed the financial institution told him that his age was a factor in the decision to decline the application.

The financial institution confirmed it declined the complainant’s application for a credit card and explained that the process by which ability to meet payments was assessed could underestimate retirees’ ability to pay because it focussed on taxable income. 

The complaint was resolved. The financial institution offered the complainant a credit card following discussion of information relevant to the complainant’s ability to meet payments.

 

The complainant has a number of medical conditions, including osteoarthritis, kidney stones, diabetes and depression. She alleged that during her employment with the respondent plant nursery, negative statements were made about her disability, including that her disability impacted negatively on her performance. The complainant claimed the nursery required her to undergo a fitness for duty process and ultimately terminated her employment.

The nursery claimed the complainant’s employment was terminated due to poor performance and not because of her disability.

The complaint was resolved with an agreement that the nursery pay the complainant $10,000, provide her with a statement of service and characterise the end of the employment as a resignation. The nursery also agreed to write to the complainant expressing regret for the events giving rise to the complaint.

 

The complainant is HIV+ and attended the respondent driving school in order to obtain a truck-driving licence. She said that she disclosed that she takes medication to manage her disability to the driving instructor while the two were driving as part of a one-to-one lesson. She alleged the instructor told her she had put the lives of everyone who had been in the truck at risk, directed her to stop the truck and get into the passenger’s seat and drove back to the driving school. The complainant alleged that when she wrote down the name of her medication on a piece of paper at the instructor’s request, he picked it up by the corner with the tips of his fingers. The complainant claimed she felt the instructor was afraid of, and disgusted, by her. The complainant said she raised concerns about what happened with the driving school but was not satisfied with the response. She said she was unable to finish her driving course or obtain her licence.

The driving school said that the government authority that accredits the driving course requires students to disclose on enrolment if they are taking any medication. If a student is taking any medication, the student must be cleared by the authority before being able to undertake the driving course. The driving school said the complainant had failed to disclose that she was on medication. The driving school said that, on finding out that the complainant was on medication, the instructor had no option but to stop the truck and drive her back to base. The driving school said the instructor denied behaving in a manner that conveyed fear or disgust towards the complainant.

The complaint was resolved with an agreement that the driving school refund the complainant $1,350 for the cost of the course, deliver training to all staff on the needs of students with disability and draft guidelines for instructors on how best to respond to disclosures by students that they are on medication.

The complainant is Aboriginal and worked as a cleaner at the respondent hotel. She alleged that, after a change of ownership, her shifts were reduced and eventually, she was not offered any work. She claimed the hotel did not offer any reasons for the reduction in her shifts, there was no downturn in business, no issues were raised about her performance and another Aboriginal cleaner was also not offered further work after the change in ownership.

The hotel advised that the new owners took over some of the cleaning duties, meaning there was less work available for staff.

The complaint was resolved with an agreement that the hotel pay the complainant $1,500, provide her with a statement of service and write to her expressing regret for the events giving rise to the complaint.