ADCQ Annual Report 2007–08

Conciliated Outcomes

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

Impairment in goods and services
A man had an impairment which required him to use crutches.

He was keen to attend a sporting function, and because he hadn’t been to the venue before, checked the access issues before booking tickets. He was assured that the venue had a designated viewing area for people with a disability, that all the entries, exits and toilets were accessible, and that there was provision made for parking for people with disabilities.

On that basis, he booked tickets. When he arrived, he asked a staffer to show him where the parking was and how he could get to the viewing area. The staffer said he didn't know about any arrangements for people with a disability. As a result, the function was less than enjoyable for the man, and he lodged a complaint of discrimination.

The promoters, in their response to the complaint, assured the Commission they had policies in place and that they valued patrons with disabilities. After some investigation of the issues, they advised that despite having excellent policies, their training of staffers in helping people with disabilities, could be improved. They offered an apology to the man, free tickets to the next event and some sporting merchandise.

Sexual harassment and sex discrimination in work
Soon after a woman started a new job, she was subjected to demands for sex by her boss. The demands continued, despite her strong objections, and progressed to physical touching.

When the business owner allegedly offered the woman money to engage in sex with him, she took leave and didn’t go back to the job. She said she couldn’t return to work because of the threatening environment, and so had been constructively dismissed.

The owner denied all allegations and claimed the woman had left because of her poor work performance. She was able to point out that she had never been counselled or spoken to about her work.

The complaint was settled with a statement of regret to the woman, and a monetary payment for her pain and humiliation.

Sexual Harassment at work
A complaint was lodged by a female staff member of a club alleging that a member of the management board of the club had touched her bottom while she was cleaning tables. She also alleged that a comment of a sexual nature was made.

The woman said that although she had raised the issue with the board of the club she thought it had not been addressed. Her employer had told her that the matter had been appropriately dealt with but did not tell her the outcome of her complaint.

The complaint to the Commission was resolved at a conciliation conference with a written apology being provided to the woman from both the individual respondent and the employer, the resignation of the board member being tendered, an amount of compensation paid to the woman, the appointment of a contact offificer within the organisation and the implementation of a sexual harassment policy.

Impairment in goods and services (Representative Complaint)
A complaint was lodged by a group of people with disability against a transport company. The complainants alleged thatthey had been subjected to excessive delays in response times for accessible taxis.

All parties attended the conciliation conference with a view to holding a productive discussion to achieve a positive outcome.

The company was able to describe the internal despatch system they had in place to respond to calls and, more particularly, the type of service necessary for clients using wheelchairs. The company was also able to describe its limitations and talk about proposed improvements to the system.

The parties agreed to form a working group of people representing the class of people who had lodged the complaint and the company delivering the service. The working group would meet regularly to identify issues and work toward resolving issues that impact on the service delivery of the company for wheelchair users. They agreed on a date and time for the first meeting and a contact person for the representatives of the complaint.

This outcome was achieved at minimal cost to the public purse and provided the complainants with a forum to have their concerns heard together with an opportunity for the respondent service provider to explain processes proposed improvements.

Impairment in work
A worker took leave for surgery and returned to work with a medical clearance after he had recovered.

On his return to work, he was given different tasks which were more physically demanding than his previous job, particularly for someone with his impairment. He was also paid at a lower rate.

As a result, he was forced to take lengthy leave without pay.

He lodged a complaint of discrimination.

At the conciliation conference, settlement was reached with an amount of compensation to the man, plus wages owing and a statement of service, to help him find a new job.

Breastfeeding in education
A student who was breastfeeding her new baby was allegedly told she was not allowed to do so, because it would embarrass and disturb other students.

A complaint was lodged.

The parties came to an agreement allowing the student to bring her baby to classes for a short period of time until she no longer needed to breastfeed at that time of day. The mother also agreed to leave the room if the baby was disrupting the class.

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