Victimisation case studies

The victimisation case summaries are grouped into two categories: court and tribunal decisions, and conciliated outcomes.

Court and tribunal decisions are made after all the evidence is heard, including details of loss and damage. The full text of court and tribunal decisions is available from:

Conciliated outcomes are where the parties have reached an agreement through conciliation at the Queensland Human Rights Commission.

Court and tribunal decisions

Reason for refusing job application

Type of outcome Queensland Industrial Relations Commission decision
Contravention Victimisation
Outcome Dismissed
Year 2020

Summary: A man who had worked as a Youth Justice Conferencing Convenor had made earlier complaints of discrimination in his workplace. The complaint was resolved, and part of the agreement was that the man resign. A Deed of Settlement also provided that the man was not to have any contact with former or current colleagues without the express permission of the Regional Director.

Three years later the man applied for an advertised position at his former workplace. The Director consulted Crown Law, who wrote to the man saying his application would not be progressed because of the provision in the Deed about contact with former and current colleagues.

The man claimed the refusal to progress his application was because of his earlier complaints of discrimination. For victimisation, there needs to be a connection between the detriment to the person and an unlawful reason such as complaining about discrimination. The issue in this case was the reason for not progressing the man’s application for the position.

The tribunal was not satisfied that the substantial and operative factor in the decision not to progress the man’s application was because he had previously made discrimination complaints about his supervisor. The tribunal was satisfied that the Director made the decision not to progress the application for the predominant reasons that she considered the Deed operated to finalise the man’s employment relationship with the Department, and that he had agreed not to contact former colleagues without her permission.

Bond v State of Queensland [2020] QIRC 44 (20 March 2020)

Back to top

Conciliated outcomes

Pregnancy discrimination and victimisation at work

Type of outcome Conciliation
Contravention Discrimination and victimisation
Attribute Pregnancy
Area Work
Outcome Payment of entitlements and legal costs
Reference
Financial compensation
Compensation $3,500

Summary: A woman complained to the Commission that after informing her employer she was pregnant, her supervisor made numerous comments suggesting she would need to finish work. Suggestions were also made that her position would not be available after her baby's birth due to restructuring. The supervisor had placed documents in the woman's in tray, amongst other paper work, which related to maternity leave and how to terminate an employee. On finding these documents she took them to her solicitor who in turn wrote to the employer advising that a complaint would be lodged with the Commission.

The employer, on receiving the solicitor's letter stood her down on full pay, pending an investigation, alleging the woman removed confidential documents from his office. Her solicitor then lodged a complaint of victimisation and discrimination on the ground of pregnancy with the Commission.

All parties agreed to informal conciliation by the Commission with a view to avoiding the formal complaint process. At conciliation she was offered reinstatement, but because of the dispute the woman felt the future working environment would not be tolerable. The employer agreed to accept her resignation and pay all associated entitlements. The employer also agreed to pay her legal costs regarding the dispute, provide a reference and pay $3,500 for the distress, pain and suffering she experienced.

Back to top