ADCQ Annual Report 2004–05

Conciliated outcomes

The following cases are examples of complaints settled in conciliation conferences. To maintain confidentiality, some details may have been changed.

Sex and sexual harassment in work
An employee alleged she’d been subjected to sexual comments, some of which were directed to her, and some of which were more general. She said she’d made the complaint to the Anti-Discrimination Commission because she had no faith in the grievance process at her own workplace.

The individual respondent said that he had done what was alleged by the woman, and he apologised unequivocally.

At the conference, the employer advised that they had grievance processes in place that could have been used by the woman, but she’d chosen not to. The employer asked how they could fix something if they weren’t aware it was broken.

The employer offered to transfer and retrain the respondent, and to provide the woman with alternative work arrangements until this had taken place. The respondent agreed to the transfer, offered the woman compensation and made a public apology to the woman.

Pregnancy and victimisation in work
A woman alleged that after she’d told her employer she was pregnant, her hours were reduced. She also said that after she advised the employer she was making a complaint to the Anti-Discrimination Commission, she was told to leave.

The employer denied these allegations, saying he was simply concerned for her health during the pregnancy.

The complaint settled at the conference with the woman’s full long service leave being paid, full wages being paid and $400 being offered as compensation.

Parental status and family responsibilities in goods and services
A parent with a child in a stroller was told to leave a shop because of possible damage to the stock.

The owner denied the specific allegation and any wrongdoing, saying she’d asked the man to leave the stroller at the door and to carry the child. The owner said that stock was damaged all the time by strollers, and with new stock in the shop, there was even less room to manoeuvre the stroller. At the conference, the owner apologised and agreed to undertake training.

Impairment in work
A health worker acting in an educator’s role applied for the permanent position. She had just been diagnosed with a medical condition requiring treatment. While in hospital she was told she was unsuccessful. The job was readvertised and although she was the only applicant,she was again unsuccessful.

The employer said they assumed the complainant would be off sick for a long time, and so not capable of doing the job. At the conciliation it was agreed to interview the woman for the job, which she was then offered and accepted.

Impairment in access to goods and services
Wheelchair access to a business in a country town was the subject of a complaint. The Respondents raised the issue of cost and Council planning permission for alterations, given the limited area they had to work with.

At conciliation, the Respondents agreed to apply for planning permission with construction completed within 6 months. If not approved they agreed to a more expensive option, with a ramp to be constructed within 12 months.

Age in (pre) accommodation
A parent booked and paid a deposit for a unit in a tourist area, for five students who were finishing school at the end of the year.

The parent alleged that when the unit owner realised the tenants were 'schoolies' , he returned the deposit saying that the room wasn’t big enough for five people, and that he didn’t take 'schoolies'.

A complaint was lodged.

In response, the unit owner said the dispute wasn’t over 'schoolies', but about the size of the room. He said the room was too small for five people, although the room originally booked was big enough. That room was no longer available.

He also claimed 'schoolies' caused a lot of damage and that he and other unit owners felt affronted that they were being forced to accommodate them. He said he wanted each of the tenants to pay $1,000 up front as a bond.

Agreement was reached at a conference that the tenants would be accommodated.

Race in work
A complaint was lodged by a man who said he’d been ridiculed and abused because of his race. He said his co-workers would make jokes about his colour and his culture, and would use racial terminology in his hearing. He said he’d gone to the union but nothing had been done.

The allegations were denied by the employer, who said the man would use terms such as 'honky' and 'white trash' all the time. The employer said any comments made to the man would have been in response to those made by him.

The complaint was settled at a conference, with payment of $10,000 to the man, an apology and a statement of service.

Gender identity in goods and services
A transgendered woman lodged a complaint against a women-only club, alleging she wasn’t allowed to join until after she’d completed her gender re-assignment surgery.

She also alleged that while she was allowed to use the club’s facilities, access was restricted to after hours when it was less crowded.

The respondents didn’t deny these allegations, but argued they didn’t have the facilities for pre-operative transgendered women. They said they were in a difficult position, and believed some of their members would be uncomfortable in this situation. They said they weren’t aware that the complainant had any issues with not being allowed to join the club, and noted they’d tried to offer her some options so she could achieve her desired results.

At the conference, both parties agreed it was a difficult situation. After some frank and honest discussions, they agreed the club would offer membership after the woman had completed her surgery.

Sexuality in (pre)work
A woman alleged that comments were made about her 'dykeish' haircut during a work trial. She said her haircut was also given as the reason she was unsuccessful in getting the job.

The respondents said the woman didn’t have any experience in the work area, and she was unable to demonstrate adequate skills during the work trial. They admitted the comment about her haircut had been made, and said the individual had been counselled as a result.

The matter was settled at a conference with compensation of $1,500, written and verbal apologies, and an undertaking that recruitment and selection processes would be improved.

 

Complaint Handling

Complaint statistics

 

Table of Contents for ADCQ Annual Report 2004–05