2019-02-06
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.
Year
Discrimination type
Disability Discrimination Act
Grounds
Disability
Areas
Accommodation
Clubs/incorporated associations
Goods, services and facilities
Club membership/benefits provided
Revised terms and conditions
Amount