Conciliation Register

(1)

Conciliation Register

Disability Discrimination Act 1992

For complaints conciliated and finalised in the period of 1 April to 30 June 2003

Ground Disability of person(s) aggrieved – direct Disability of person(s) aggrieved – indirect

Area Employment

Terms of

Settlement Private agreement - terms not disclosed to HREOC Compensation

Complaint Summary Complainant claims he transferred to a different area in his workplace but his originating position was made redundant during the transfer. Complainant claims he was not consulted properly and this was based on his disability - depression.

Ground Disability of person(s) aggrieved - indirect

Area Goods / services & facilities

Terms of

Settlement Apology – private Access provided

Compensation $500

Complaint Summary Complainant claims that wheelchair accessible public transport is irregular and unreliable and that there is no published timetables and information service could not confirm availability of accessible transport.

(2)

Ground Associate - direct

Area Employment

Terms of

Complaint Summary Complainant claims she has been discriminated against on the basis of her association with a fellow employee who respondent company has imputed a disability to following an industrial accident. Complainant claims she has not been re-engaged by respondent although work available.

Ground Disability of person(s) aggrieved - direct

Area Employment

Terms of

Complaint Summary Complainant was employed with respondent company as a machine operator on a part-time basis.

Complainant and others were made redundant and advised that they could recommence employment through second respondent a labour hire company on a casual basis at lower rate of pay. Complainant claims he was in an industrial accident. Complainant required

hospitalisation for a short period and days off. Complainant was declared fit for work and returned to work to discuss the safety issues. Complainant claims since that meeting he has been offered no further work. Complainant claims disability discrimination.

Terms of

Settlement Complainant satisfied with response Compensation

Complaint Summary Complainant has multiple physical disabilities and uses a walking frame and wheelchair. Complainant claims disability discrimination in transport provided by the railway in that a ramp was not provided for her to get on and off the train, the walking frame would not fit in the aisle of the train and the assistant was reluctant to obtain water for her.

(3)

Area Employment or business

Terms of Settlement Apology - private

Compensation

Complaint Summary Complainant claims she was hired as a casual by respondent Cafe. Complainant claims she asked respondent to sign her mutual obligation diary and discussed future work. Complainant claims she started unpaid work with respondent but when complainant confirmed with respondent she was a Hepatitis B carrier she wasn't required any longer.

Area Employment

Terms of Settlement Private agreement - terms not disclosed to HREOC

Compensation

Complaint Summary Complainant is employed by respondent Council. Complainant injured her hand at work and has required on-going treatment. Complainant says she felt pressured to return to work earlier than planned. Complainant says because she had difficulty with driving respondent allocated her to use council parking but when she forgot to move her car into an allocated spot she was counselled. Complainant claims she is to be transferred because of injury.

Ground Disability of person(s) aggrieved – direct Disability of person(s) aggrieved - indirect

Area Employment

Terms of Settlement Private agreement - terms not disclosed to HREOC

Compensation

Complaint Summary Complainant claims that he has been advised his position is to be made redundant. Complainant claims that he was assessed in his `old' position which he has been unable to fulfil because of a back injury. Complainant says he has not worked in that role for over five years. Complainant also claims his absences because of his disability have been taken into account.

(4)

Terms of Settlement Staff training / development program

Compensation $400

Complaint Summary Complainant is vision impaired. Complainant took a day bus tour with respondent company.

Complainant claims that respondent employee did not accompany her on walks although agreed to prior to starting the trip, and complainant got lost for a short time. Complainant says respondent employee scolded her for separating from the group.

Terms of Settlement Change in policy / practice Training

Compensation

Complaint Summary Complainant has mobility impairment and uses a walking frame. Complainant claims respondent rail company provided her with inappropriate seating and refused to provide a ramp when complainant was travelling interstate.

Terms of Settlement Reasonable adjustment provided

Compensation

Complaint Summary Complainant claims respondent Bank discriminates against her on the basis of her disability because respondent only provides statements in print format. Complainant is blind.

Area Employment

Terms of Settlement Employment options improved - job offer Policy change / change in practice

Compensation

Complaint Summary Complainant claims that various workplace meetings are held without the assistance of an Auslan interpreter. Complainant is deaf and states respondent company provides an interpreter for his annual review.

(5)

Compensation $1,000

Complaint Summary Complainant claims that respondent cafe owner refused complainant access because he had his guide dog with him.

Area Employment

Terms of Settlement Access provided

Compensation

Complaint Summary Complainant claims that respondent employer has not made reasonable accommodation to provide wheelchair access to his place of work. Complainant requires colleagues to assist him enter through a side entrance.

Terms of Settlement Financial compensation

Compensation $5,000

Complaint Summary Complainant claims he burnt his arm at work and then injured his back lifting. Complainant's Doctor gave complainant a medical certificate for time off and Workcover. Complainant says respondent refused to accept certificate and dismissed complainant from employment.

Area Access to premises

Terms of Settlement Access to premises provided Change in policy / practice

Compensation

(6)

Compensation

Complaint Summary Complainant claims that respondent shops are not accessible for wheelchairs.

Area Employment

Compensation $5,000

Complaint Summary Complainant claims respondent community organisation would not employ her because of a previous Workers Compensation claim she made when working with organisation previously.

Complainant was employed as a disability support worker at the time. Complainant claims recent vacancies were for a variety of jobs.

Area Employment or business

Terms of Settlement Employment options improved - job offer

Compensation

Complaint Summary Complainant claims he has not been given work because of his disability, spina bifida and that he was denied permanency in a position he had worked in as a casual for two years because of his medical assessment. Complainant claims respondent employment agency won't help him.

Area Employment

Terms of Settlement Private agreement – terms of settlement not disclosed to HREOC

Compensation

Complaint Summary Complainant has bi-polar disorder. Complainant claims respondent has given him a first and final warning because of his behaviour. Complainant has asked they take his disability into account - it hasn't as complainant is of view respondent wants complainant to leave.

(7)

Compensation

Complaint Summary Complainant who uses a wheelchair claims her local hotel is not wheelchair accessible.

Compensation

Complaint Summary Complainant claims that wheelchair accessible lane at local supermarket is often closed or blocked with delivery trolleys.

Area Employment

Compensation $2,000

Complaint Summary Complainant is a beauty therapist. Complainant has eczema. Complainant reacted to a cleaning agent at respondent beauty salon. Complainant asked if it could be replaced with different product but respondent would not agree. Complainant says respondent transferred her clients to another therapist and complainant was dismissed.

Area Employment

Compensation

Complaint Summary Complainant applied for a position with respondent company call centre.

Complainant went through interview culling process with respondent recruitment agency. Complainant was unsuccessful and believes he was marked down in assessment because of his disability – complainant is an amputee and uses mobility aids. Complainant claims he was more than qualified for the job.

(8)

Provision of goods / services / facilities

Terms of Settlement Compensation

Complaint Summary Complainant attended a two day course with respondent company as part of a rehabilitation plan. Initially respondent declined complainant's application to the course because she is deaf. After complainant's case worker wrote to respondent she commenced the course but respondent claims complainant did not pass the course. Complainant claims discrimination. Complainant claims she completed the requirements of the course but respondent refused to issue certificate as it was assessing her capacity to work rather than her ability to complete the course.

Area Employment

Compensation $4,000

Complaint Summary Complainant has been employed by respondent company for many years. Complainant recently incurred a workplace injury. The respondent company was restructuring and the complainant,

Together with others with Workers Compensation claims or workplace injuries all were unsuccessful in being assessed for future jobs. Complainant claims disability discrimination.

Area Employment

Compensation $13,000

Complaint Summary Complainant has been a long-term employee of respondent foundry. Complainant was diagnosed with RSI and has been on light duties since. Complainant was told he was earmarked for redundancy. Complainant claims disability discrimination.

(9)

Area Employment

Compensation $8,000

Complaint Summary Complainant has been employed by respondent foundry for many years. Complainant sustained a work place injury to his right arm. Since that time complainant has been on light duties.

Complainant claims he was told he was a candidate for redundancy. Complainant advised respondent he didn't want to be made redundant. Complainant claims a workplace skills assessment was undertaken and most employees with Workers Compensation did not pass skills test. Complainant claims disability discrimination and trade union activity as he was a Union delegate.

Area Employment

Compensation $5,000

Complaint Summary Complainant applied for a job with respondent company as a technician. Complainant was offered a position but then it was withdrawn after his medical. Complainant has had a back problem. Complainant claims back injury would have no effect on ability to do the inherent requirements of the job.

Compensation

Complaint Summary Complainant claims his family booked into respondent hotel restaurant to celebrate his mother's birthday. Complainant claims that his mother who uses a wheelchair had to access restaurant through the kitchen. Complainant claims when it was time to leave kitchen had been locked and complainant had to carry his mother in wheelchair down stairs

(10)

Terms of Settlement Staff training / development program Provision of goods / services / facilities Policy change / change in practice

Compensation

Complaint Summary Complainant has quadriplegia and uses an electric wheelchair. Complainant claims that not all films at all times are wheelchair accessible in respondent cinema.

Area Education

Terms of Settlement Apology – private

Policy change / change in practice

Compensation $100

Complaint Summary Complainant suffers from asthma. Complainant claims school policy is that girls can't wear trousers. Complainant claims when she gets cold her asthma worsens. Complainant would like to wear trousers but school refuses and if she is unwell she can't leave school without her mother being contacted.

Area Employment

Compensation $5,000

Complaint Summary Complainant claims she was terminated from her employment with respondent Commonwealth agency because she failed the psychiatric assessment because she suffers from depression. Complainant was employed as a customer service officer and claims her disability did not affect her work.

(11)

Terms of Settlement Apology – private Access provided

Compensation

Complaint Summary Complainant who uses a wheelchair says disabled toilets in respondent shopping centre are locked and there is a requirement to obtain a key you have to pay a $5 deposit.

Terms of Settlement Apology – private Access provided

Compensation $500

Complaint Summary Complainant says respondent cinema is not wheelchair accessible. Complainant found this out when attending a fund-raiser at the cinema and was advised there was no access.

Compensation

Complaint Summary Complainant who usees a wheelchair and attended his mother's funeral at the respondent premises. Complainant states that he and other family members with mobility difficulties could not place a flower on the coffin as the area was only accessible by two steps and respondent did not provide temporary/permanent ramps, no handrails and the floor surface tiles were slippery. Complainant claims disability discrimination.

Terms of Settlement Apology – private Financial compensation

(12)

Area Employment

Compensation $3,000

Complaint Summary Complainant claims she was contracted by respondent to work at another company. Complainant says she injured herself at work and respondent told her to fill in a Workers Compensation claim and not return to work or that respondent would pay bill and complainant could return to work. Complainant claims disability discrimination.

Area Employment

Terms of Settlement Reference provided

Compensation $421.80

Complaint Summary Complainant claims respondent cafe underpaid his son because he has an intellectual disability. Complainant claims when he raised the issue with respondent his son was dismissed.

Area Goods / services & facilities Accommodation

Compensation

Complaint Summary Complainant rents a public housing property from respondent state housing department. Complainant says his shower recess doesn't have a shower screen and this is disadvantageous when manoeuvring himself out of his wheelchair onto the shower stool. Complainant has had both legs amputated.

(13)

Area Employment

Terms of Settlement Private agreement – terms not disclosed to HREOC

Compensation

Complaint Summary Complainant who is deaf works in a factory environment. Complainant claims employer has not fixed a warning signal on his personal computer which alerts him to emails and thus works he has to perform. Complainant says respondent has advised it won't spend money on

specialised equipment for him or using an interpreter.

Area Clubs / incorporated associations

Terms of Settlement Policy change / change in practice

Compensation Complainant is seventeen years old and suffers from a degenerative bone disease; Complainant has played soccer with under sixteen grade with respondent Club. Complainant claims respondent Club stipulated that unless she provided a medical certificate and her parents indemnify Club should she be injured she could not play in the final.

Administration of Commonwealth programs

Compensation

Complaint Summary Complainant was referred to respondent job network provider by Commonwealth authority for intensive assistance. Complainant has Hepatitis C and respondent was aware of this. When complainant was going to see about a job respondent staff asked her if she was going to advise potential employer of her disability and told her to be careful not to infect the public.

(14)

Compensation

Complaint Summary Complainant says respondent Council has barricaded around the dangerous garage facade of a particular property. Complainant claims his nephew who uses an electric wheelchair has been prevented from using this footpath has been discriminated against. Complainant says barricade has been in place for four months.

Terms of Settlement Reasonable adjustment provided

Compensation

Complaint Summary Complainant claims she attended a concert at respondent facility. Complainant uses a wheelchair. When complainant attended concert her wheelchair was "parked" against the back wall of the concert hall.

Area Employment

Complaint Summary Complainant had surgery a number of years ago. Complainant has since had epilepsy. Complainant further claims that following a workplace injury she also has anxiety/depression. Complainant claims employer has discriminated against her by not providing reasonable adjustment for her injury and by excluding her from workplace.

Change in policy / practice

Compensation

Complaint Summary Complainant says he has mobility impairment and uses a wheelchair but can walk short distances. Complainant claims staff at local commonwealth agency was rude and unhelpful towards him – criticized him when other customers in queue let him go first, told him to

(15)

Area Employment

Terms of Settlement Private agreement – terms not disclosed to HREOC

Compensation

Complaint Summary Complainant is a long term employee of respondent Council. Complainant has been diagnosed with a medical condition and Stargardt's disease and he is classified as blind. Complainant claims he can do his duties but employer disputes this. Complainant was unable to perform alternative duties he was provided with.

Area Education

Terms of Settlement Record changed

Reasonable adjustment provided

Compensation

Complaint Summary Complainant who is colour blind and enrolled at respondent University claims a lecturer continually gives lecture notes printed in very small print on colour paper that he cannot read. Complainant claims he has asked lecturer to adjust the notes he provides by lecturer has refused.

Compensation

Complaint Summary Complainant claims she has been discriminated against by respondent airline because it has not provided her access to services equally with others because she had a mobility impairment and seating to accommodate disability cannot be pre-booked.

(16)

Ground Disability of person(s) aggrieved – direct / indirect Associate – direct / indirect

Area Education

Goods / services & facilities

Terms of Settlement Apology – private Reasonable adjustment

Compensation $5,000

Complaint Summary Complainants’ daughter has an intellectual disability, Autism. Complainants claim staff at respondent school displayed a negative attitude to their daughter's enrolment and advised complainants to send her to a special school. Complainants claim that respondents failed to assist daughter's integration into school. Complainants claim respondent over scrutinised her behaviour, limited her

attendance hours and excluded her from various school activities.

Complainants claim they had demands put on them that parents without children with disabilities were not required to undertake.

Area Employment

Complaint Summary Complainant injured his back and foot in separate work place accidents. Complainant made a Workers Compensation claim and claims he was bullied and harassed and had his possessions damaged or stolen because he madea claim. Complainant suffered another injury and claims he was called a "sook" and a "bludger" by other workers. Complainant says he had another accident but didn't make a claim because of the previous treatment he'd received - but later found he'd broken his elbow bone.

Area Accommodation

Compensation

Complaint Summary Complainant is enrolled with respondent University and lives in student residences. Complainant has Friedreich’s Ataxia and uses a wheelchair. Complainant claims that the accommodation provided is inadequate for her mobility needs.

(17)

Compensation

Complaint Summary Complainant who has a back injury claims respondent council does not provide adequate footpaths and has given automobiles more lanes.

Area Employment

Terms of Settlement Staff training / development program Financial compensation

Compensation $2,000

Complaint Summary Complainant has a visual impairment and claims respondent Commonwealth employer has not accommodated his disability in provision of training and sending documents.

Ground Disability - person assisted by trained animal

Staff training / development program

Compensation

Complaint Summary Complainant has incomplete paraplegia. Complainant has a trained assistance dog. Complainant claims manager of respondent cafe asked her to put her dog outside. Complainant refused and respondent questioned her in depth about her dog and disability and complainant became upset and left the restaurant.

(18)

Ground Disability of person(s) aggrieved - direct Disability of person(s) aggrieved - indirect

Area Employment

Terms of Settlement Policy change / change in practice

Compensation