ADCQ Annual Report 2007-08

ADCQ Annual Report 2007–08

Tribunal decisions

Gauld v Queensland Breweries [2007] QADT 20 (6 August 2007); QADT 25 (30 October 2007)
A complaint of impairment discrimination was made by an employee who was dismissed. He claimed his pre-existing degenerative disc condition had been seriously aggravated when he suffered an injury at work. He provided medical certifi cates indicating he was totally incapacitated for work over a period of almost nine months. His employment was terminated as a result of his inability to perform the inherent tasks of the job and his inability to confirm when he might be able to resume work.

The complaint was dismissed. The Tribunal found that there was neither direct nor indirect discrimination. The member did not make any adverse findings of credibility against the complainant, and subsequently ordered that there be no order as to costs.

GLBTI v Wilks & Anor [2007] QADT 27 (30 November 2007)
A letter to the editor published in the Mission Beach Gazette was found to be vilification of homosexuals. The editor and publisher of the newspaper was held liable despite publishing a statement in the newspaper that the views of the letter writers were not his views.

Both respondents were ordered to publish an apology and retraction in specific terms.The respondents were also ordered to pay the complainant's costs.

Thompson v Management & Training Corporation Pty Ltd (Borallon Correctional Centre) & Anor [2007] QADT 34 (20 December 2007)
A prisoner's complaint of impairment discrimination in the area of state laws and programs was dismissed. He claimed direct and indirect discrimination on the basis of his Hepatitis C condition, when a record was placed on his fi le indicating that he had failed a drug screen test because he had low urine creatinine levels.

He claimed that these low levels were caused by following a doctor's advice to drink lots of water to treat his Hepatitis C. The Tribunal found that drinking lots of water was not a recognised treatment for Hepatitis C. The Tribunal also found that drinking lots of water or lowered creatinine levels were not general characteristics of a person with Hepatitis C.

The Tribunal did not accept that the complainant had been told by a doctor to drink lots of water to manage his Hepatitis C. No order was made as to costs.

Beanland v State of Queensland and Queensland Studies Authority [2008] QADT 5 (9 April 2008)
A complaint of impairment discrimination by a student in the area of education was dismissed.

The student, who suffers from cerebral palsy and cortical visual impairment (CVI), claimed that he was subjected to unlawful discrimination in the assessment requirements imposed on him to study Senior English and German. He claimed the school failed to afford him special consideration to deal with the requirement that he be able to read and write.

The Tribunal did not accept the allegation that the school refused to provide special consideration to him. The Tribunal accepted the school's evidence that it continued to investigate what was available for the student, but that this was ultimately never determined because the student left the school.

The Tribunal found that this occurred while efforts were being made by the school, rather than as a result of the refusal of the school to provide special consideration to the student.

Sherman & Anor v Grady & Anor [2008] QADT 7 (23 April 2008)
A complaint of discrimination on the basis of political belief or activity was upheld by the Tribunal.

The Tribunal determined that Mr Sherman's membership of the Sanctuary Cove Country Club was terminated because he had been involved in 'political activity' against the commercial interests of Sanctuary Cove. The member also found that this termination was part of a campaign to have Mr Sherman withdraw the application for Sanctuary Cove to be admitted to the Queensland Heritage Register.

Mr Sherman's wife was also expelled from Sanctuary Cove Country Club. Her complaint of discrimination on the basis of relationship status and association with or relation to a person identifi ed as having the attribute of political belief or activity, was upheld.

Tribunal sought submissions before final orders made.

Summers v Mullane & State of Qld [2008] QADT 10 (10 June 08)
A complaint by a prisoner on the basis of race was dismissed by the Tribunal.

The Aboriginal and Torres Strait Islander man claimed correctional services officers mistreated him.

The Tribunal found that the named officer had not worked the relevant shift, and that the prisoner was subject to a disciplinary breach hearing arising from another allegation.

The Tribunal awarded costs against the prisoner.

Yabut v Dartbridge Welding Pty Ltd [2007] QADT 29 (5 December 2007)
A complaint of discrimination on the basis of trade union activity was dismissed by the Tribunal.

The complainants were recruited from the Philippines to work in Australia, and alleged their working and accommodation conditions were inferior to Australians in the same workplace. They claimed they were sacked after the employer saw union officials visiting their house.

The findings of the Tribunal included an acceptance that there was no discussion of Australian labour laws,(but that the respondents may not have provided this to any other job applicant); that there was not enough evidence to show the difference in pay was on the basis of race, that the employer did not charge excessively for the housing provided and that other Filipino workers who were union members were not sacked.

Foran v Bloom [2007] QADT 31, (5 December 2007)
The Tribunal found that an employer who dropped his trousers and discussed sexual matters at work had sexually harassed a female employee.

He was ordered to pay $3000 in compensation.

Allegations of discrimination based on pregnancy and family responsibilities were dismissed.

Byrne v Kelly & Anor [2008] QADT 6
The complainant has a psychiatric illness (Bipolar Disorder). The Public Trustee was appointed as administrator for his financial affairs and decided to sell his home to repay large debts.

The sale was averted when creditors reduced or wrote off their debts and the mortgagee agreed to a different repayment schedule.

The complaint involved an allegation of impairment discrimination, when the Public Trustee refused to take legal action on the man's behalf against the companies said to owe him money.

The complainant also claimed that a Public Trustee officer refused to listen to him, did not accept his word and ignored material provided by him.

None of the allegations was proved.

The Tribunal found that the decision about the complainant's house was not influenced by the fact that he had a psychiatric illness. Regarding the allegations about the officer, the Tribunal found the officer was acting in the interests of the complainant and it was the complainant's unwillingness to accept the decisions which caused him to think he was being ignored.

The Tribunal ordered that costs be borne by the 'public purse'.

Veillaris v Pioch [2008] QADT9 (15 May 2008)
The case involved an allegation by a prisoner of Indigenous descent that a corrective services officer had made racially motivated comments to him.

The Tribunal accepted that coarse words were used, but not that they were prefaced with the word 'black' or that the language was racially motivated. The Tribunal also found that another officer had probably used the words 'a little black c.' and awarded $500 to the complainant.

Tribunal overview

Tribunal matters

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