Complaint Summaries

Complaint details: An organisation representing young people lodged a group complaint on behalf of young people, who because of their age, were being denied access to places and vehicles.
Outcome: A youth policy was developed; complaint mechanism set up; review process of incidents established and training in equity issues given to officers.  

Complaint details: A man, who had banked with the same institution for many years, lodged a complaint following the rejection of a loan application. After discussing the matter with the conciliation officer, the bank negotiated directly with the complainant to resolve the matter.
Outcome: $3,000

Complaint details: A 73-year-old man died as a result of injuries sustained in a sporting accident.  The sporting organisation declined to pay the man’s widow death insurance because he was over the age of 70.
Outcome: Ex-gratia payment of $45,000 was made to the widow.

Complaint details: A 17 year-old man alleged he had been discriminated against when a hire car company refused to hire him a car because he was under 21. The man had taken out an insurance policy which enabled him to hire a car in the event his vehicle was stolen, however, the hire car company refused to hire him a car.
Outcome: A payment of $500 was agreed in conciliation. 

Complaint details: After applying for a job and attending an interview, a man was told that he was unsuccessful as they wanted 15/16 year old.
Outcome: $1,000 / written apology

Complaint details: A tradesman employed by a manufacturing company heard that he had been overlooked for a promotional position because of his age.
Outcome: $4,000  

Complaint details:  A 65-year-old man applied for a job as a community health worker and was interviewed for the position. He was not successful.  One of the reasons given was that the employer was concerned about the applicant’s capacity to carry out the job because of his age.
Outcome: $2,500 ex-gratia payment; written apology; equal opportunity training for staff on selection panels.  

Complaint details: A 19 year old man, employed as a cleaner, was advised by the employer they did not want a young man working there and he was to be dismissed because he was only 19 years old, and the only man working with the other female cleaners.
Outcome: $500

Complaint details: The complainant alleged that over a number of years she was told by her manager that she was too old for the position she held, and after returning from annual leave she was told her full-time position was being made into a part-time position and she could either accept the reduced hours or resign.
Outcome: The complaint was resolved in conciliation with the offer of an ex-gratia payment of $3,000 to the complainant.

Complaint details: A man in his 60’s said he had been made fun of by his workmates and treated less favourably than younger workers by his employer. He was subjected to harassment on a daily basis which was repeatedly reported to and ignored by his supervisor. The man felt intimidated by younger co-workers resulting in lack of confidence and affecting his performance at work. He developed work related stress issues and was prescribed medication.
Outcome: The employer apologised and a monetary settlement of $5,000 was paid in compensation for loss of income and the anxiety suffered.

Complaint details: An organisation representing young people lodged a group complaint on behalf of young people, who because of their age, were being denied access to places and vehicles.
Outcome: A youth policy was developed; complaint mechanism set up; review process of incidents established and training in equity issues given to officers.  

Complaint details: A student teacher was receiving distinction results in all units except one in which she claimed her tutor was treating her less favourably than younger students. She alleged the tutor made disparaging remarks about her performance based on her age, marked her down and ultimately did not pass her. Consequently, she was unable to complete her diploma and was not allowed to repeat the course.
Outcome: The student was provided with the opportunity to have the matter reviewed under its internal grievance process as part of conciliation outcome and the explanation of the process was satisfactory to the student.

Complaint details: An employee returning to work from maternity leave sought to return on a part-time basis for 12 months. The employer agreed to do so provided she accept a lower status position, with lower pay and fewer responsibilities as a ‘consequence’ for seeking to work part time. 
Outcome: After unsuccessful attempts to negotiate, the employee made a complaint to the EOC. Conciliation led to her being reinstated in her original position with her original rate of pay. This set a precedent for the company involved, which now recognises its responsibility to staff in making reasonable moves to accommodate family responsibilities. Reinstatement  

Complaint details: A veterinarian nurse who worked part-time in a surgery complained that her employer had demoted her following her return from maternity leave. 
Outcome: $2,640 (8 week's pay) / outstanding leave entitlements were paid

Complaint details: A mother alleged her employer discriminated against her by refusing to allocate her shifts that took account of altered child care requirements caused by a death in the family. She alleged when she told her employer she could no longer work Thursday night or Saturday morning she was told if she didn’t like it she could look for another job.  
Outcome: The employer adjusted the roster to accommodate her needs.

Complaint details: A woman alleged family responsibility discrimination and victimisation in that she felt that because of her family responsibilities her hours of employment were progressively cut back. When she complained about this, her hours were cut back further. The woman eventually felt she had no other option than to resign.
Outcome: Her employer denied her allegations and following a lengthy conciliation in which both parties were able to raise all relevant issues, the woman was satisfied with their explanation and considered her complaint resolved.

Complaint details: A complaint was made by a mother whose daughter has an intellectual disability. The daughter's work duties have been changed after working with the employers for many years. The daughter felt that a new employee was refusing to work with her and she resigned.
Outcome: Apology and agreement to provide future employment assistance.

Complaint details: A man with a mental illness was refused a life insurance policy on the grounds of his impairment. In conciliation, it was recognised that statistical data about his illness indicated additional risk however the insurance company acknowledged that it had handled the matter insensitively. 
Outcome: Apology, compensation and changes to company procedures

Complaint details: A woman wheelchair user lodged a complaint against her employer because of access issues with regards to building where she worked.
Outcome: $14,800 / Disability consultants to offer advice regarding the layout of the building / training on EOA / apology

Complaint details: An employee suffered from depression related to a number of physical impairments and needed to make a claim for income protection against the employer's insurance program for its employees. The claim was rejected because there was a mental health exclusion in the policy, which the employer had previously agreed to in order to reduce premiums.
Outcome: The complaint was conciliated with a monetary settlement of $15,000.  

Complaint details: A man lodged a complaint of discrimination after his application for a vacancy was denied by a company on the advice of an employment agency. The agency explained that it had made this recommendation because a health service provider indicated wrongly that he had not successfully completed one component of his medical check up.
Outcome: The employment agency agreed that its processes needed to be improved and undertook to do this. The agency also offered the complainant $1,000 by way of apology and this payment and an explanation was accepted by the complainant.

Complaint details: A hearing impaired woman alleged she had been discriminated against by a health service provider when it failed to book an interpreter for an appointment. In addition the health service’s policy did not allow for the booking of a preferred interpreter.  
Outcome: After conciliation the health service agreed to include information on its website about available interpreting services, including the client’s right to a qualified interpreter. Information on how to make a complaint about the service was also posted on the website

Information about interpreters and how to make a complaint, placed on website.

Complaint details: A person was denied entry into a venue because she appeared to be intoxicated. The person informed the bouncer that she has a head injury which affected her speech and movement.
Outcome: Written apology

Complaint details: A sporting organisation would not permit players to play down a grade in an age competition. The complainant had an impairment that made it impossible for him to play in his own age group.
Outcome: The respondent agreed to let the complainant play down a grade for the rest of the 2004 season, including the finals.

Complaint details: A woman alleged she had been discriminated when she was refused employment because her partner worked for a business in a similar field to her prospective employer.  She claimed there was no likelihood of collusion between herself and her partner and therefore her employment posed no risk to her prospective employer. 
Outcome: $10,500 ex-gratia payment 

Complaint details: A woman complained that the gym she was a member of discriminated against her in the manner they provided her with services to the gym. When she joined the gym she explained that she had a muscular skeletal disorder and was persuaded to join the gym to attend the pilates class. The woman discovered she was unable to attend pilates classes as she feared she would injure herself. When she attempted to address her concerns with he management of the gym she believed she was treated poorly.
Outcome: $799 refund of gym membership 

Complaint details: An Aboriginal mother complained that her 13 year old son had been incorrectly identified and banned from a cinema. Her attempts to have the matter rectified directly with management were ignored. 
Outcome: Apology / ban was lifted / a letter of apology issued / 20 complimentary tickets provided for her son's use.

Complaint details: An Aboriginal woman was asked to get off a bus by the driver, while non-Aboriginal passengers were allowed to continue their journey.  The driver also sprayed deodorant on seats previously occupied by Aboriginal people. 
Outcome: The matter was resolved with the provision of cross-cultural staff training from a local Aboriginal person; anti-discrimination training for all drivers, administrative staff and the general manager; surveillance cameras to be installed on all buses within 12 months; a written apology; free bus tickets (a three-month multi-rider); and a $150 ex-gratia payment to the Aboriginal woman.  

Complaint details:  An Aboriginal woman lodged a complaint of race discrimination after a security officer followed her out of a shop because he thought her child had stolen. The business denied discriminating against the woman because of her race. 
Outcome: Verbal and written apology

Complaint details: An Aboriginal person alleged that a business owner accused her of stealing because she is Aboriginal. The owner denied discriminating against the person on the basis of her Aboriginality.   
Outcome: Verbal and written apology  

Complaint details: An Aboriginal family held a 21st birthday party at a hotel and claimed that the hotel manager:- repeatedly accused guests of drinking outside the function room; allowed Aboriginal guests to leave the function only one at a time; asked to see younger guests photo ID, and closed the function at 10.00 pm because he allegedly believed one of the Aboriginal guests had snatched a handbag from another section of the hotel.   
Outcome: $1,000 / Written apology / VIP pass to any venue owned by respondent.

Complaint details: On completion of his journey an Aboriginal man asked the taxi driver to wait while he went inside to get the correct change.  The driver was of Indian origin and told the man ‘Aboriginal people never have the fare’.  During conciliation both parties discussed their cultural origins and views about race and the driver apologized and said he now understood why the complainant was angry and hurt.  
Outcome: No monetary payment was sought and none was offered. Both parties agreed to meet privately outside the Commission and continue their discussion about cultural origins and their views on race and racism.

Complaint details: A man failed a test which would lead to employment, due to the fact that the test was more difficult for people whose first language is not English.   
Outcome: Special procedures were put in place for the Complainant to resit the test / policy change.  

Complaint details: An Aboriginal woman alleged race discrimination when she was not admitted to a fashion event at a race day.
Outcome: The Club President apologised for the circumstances and agreed to publish clear selection procedures for the event in the future.

Complaint details: A Koori man was asked to show the contents of his bag while purchasing goods. He alleged that he was the only person asked to show their bag. An investigation of the complaint revealed that store security was alerted to perform a check of the man's backpack. Other customers nearby were not asked to reveal the contents of their bags and the man felt singled out. He felt the treatment he received was motivated purely by race as he was the only Indigenous Australian in the presence of seven other customers.
Outcome: The company apologised for the actions of the security staff that may have been abrupt when following the store policy of checking his bag, which was accepted by the complainant.  

Complaint details: An Aboriginal woman lodged a complaint against a retail store after she and her son were stopped by store staff and accused of stealing items. The woman and her son were carrying items in their hands rather than using a basket or trolley and believed had they not been Aboriginal they would not have been stopped, accused of stealing and treated the way they were in front of other patrons.
Outcome: The complaint was conciliated when the woman received an apology and a voucher for $400.

Complaint details: An Aboriginal woman alleged that her landlord did not take notice of the numerous complaints that she lodged with them regarding another tenant (non-Aboriginal).  Instead she alleged that they paid more attention to complaints her neighbour made about her.
Outcome: Accommodation provided and maintenance was carried out on the property.

Complaint details: An Aboriginal man employed in a community service organisation complained that two letters circulated within the organisation were highly offensive to himself and other Aboriginal people. He claimed that the organisation's investigation into the matter was inadequate.   
Outcome: Respondent's explanation satisfactory to complainant.  

Complaint details: A non-Aboriginal employee of an Aboriginal corporation alleged he was dismissed because the organisation was implementing a policy of employing more Aboriginal staff. The organisation denied this, stating he was dismissed because of misconduct.  
Outcome: ex-gratia payment of $1,500

Complaint details: A man's employment was terminated after he did not to return to work on the date requested by his employer. He was on extended leave at the time for medical reasons. 
Outcome: $33,400

Complaint details: An employee was sexually harassed about his sexual orientation and lodged a complaint with his employer. The employer reprimanded staff and the harassment ceased for a few weeks. But some weeks later the behaviour recommenced with additional victimisation and bullying.  The employee made another complaint to his employer, but did not feel that the matter was resolved so he lodged a complaint with the EOC and resigned. 
Outcome: Apology, policy change and payment of lost wages

Complaint details: A woman working in the mining industry lodged a complaint of sex discrimination in the area of employment because she believed her supervisor was treating her less favourably than her male co-workers.  When she reported his actions to management she claimed they did not take her claims seriously.  
Outcome: Ex-gratia payment of $3,000 and the payment of $2,776 in entitlements.

Complaint details: A teacher at a private religious school complained that, due to the School's decision to appoint a female teacher, he was removed from a class of female students, effectively demoted and later dismissed. $4167.19 A woman, who worked in the retail industry, alleged that she was denied promotion because of her gender. 
Outcome: $7,000 ex gratia payment / written reference provided   A woman alleged that comments were made about her being stressed about her marriage, which affected her work. 4 week's wages paid.

Complaint details: A woman alleged that a male work colleague sexually harassed her while at work. He made inappropriate comments to her that were of a sexual nature. When she reported the sexual harassment to her employer but nothing was done. She was later dismissed. 
Outcome: $4,000  

Complaint details:  A woman claimed she was twice coerced into sexual encounters with her female manager. After these encounters the manager allegedly became antagonistic towards her, criticised her in front of other staff, sent her numerous text messages and then put pressure on her to resign. After the woman resigned her manager allegedly contacted the woman’s job referees and attempted to turn them against her. The woman also alleged victimisation in the area of employment.    
Outcome: $7,500 ex-gratia payment, an apology and an undertaking by the company that all the company’s WA branch undergo equal opportunity training.  

Complaint details: A woman employed by an employment agency to work in a manufacturing company received obscene text messages from a male colleague.  She alleged that when she reported the incident to her employer and the manufacturing company, the matter was not addressed and she was terminated from her contract with the company.  The matter was resolved when the work colleague who had sent her the text messages agreed to provide her with an apology.   
Outcome: Apology

Complaint details: A woman alleged indirect sex and family responsibility discrimination after returning to work after a five year break during which she had twins and home-raised them until primary school age. She found she was not issued with full registration in her chosen career but rather with provisional registration. The industry qualifying body advised her that because she had taken five years off work she was not required to undergo what she considered to be an arduous and rigorous re-training schedule in order to receive her full registration.
Outcome: A conciliation conference was held and the qualifying body apologised for an earlier breakdown in communication. It advised her if she now wrote to them seeking full registration, based on her previous working history and experience, it would be granted. The respondent also advised that its processes were being reviewed, including a possible amendment to their governing legislation.

Complaint details: A woman stated that a work colleague made sexual comments to her and sent her SMS messages that were of a sexual nature. The work colleague denied the allegations but stated on several occasions the general office banter involved sexual jokes or innuendos. 
Outcome: Verbal and written apology

Complaint details: A woman was employed as a cook and camp assistant by a construction company working in remote areas. She claimed male employees had used crude, threatening and sexually derogatory terms, and that she had been sexually harassed by suggesting she was soliciting sexual favours from male employees.
Outcome: $8,240
 
Complaint details - A young women alleged that her manager sent her two unwanted text messages of a sexual nature. The manager admitted to sending one of the messages. 
Outcome: $12,000 ex-gratia payment / apology

Complaint details: A woman alleged her employer had sexually harassed her by grabbing her breasts and sending her sexually demeaning text messages. The woman and her employer were previously in a relationship; however she finished the relationship before she started working for him. The employer did not deny his ongoing unwelcome behaviour in the workplace and apologised verbally and in writing.
Outcome: The employer agreed in conciliation to pay $5,000 compensation

Complaint details - A woman alleged her employer changed her employment status from permanent part-time to casual and then fired her on finding out she was pregnant. The employer responded that it was due to a history of unaddressed performance issues which became untenable when the principal of the company became ill and relied on the woman more than usual
Outcome: The matter was conciliated when the employer paid the woman $3,000 and wrote her a job reference.

Complaint details: A young woman applied for employment as a receptionist and was told that she had been successful. The woman then advised the employer that she had just found out she was pregnant, but planned to work until nearly then end of her pregnancy. On receiving this information, the employer terminated her employment.
Outcome: In conciliation the employer agreed to a payment of $2,140, an apology and a commitment to conduct staff training on equal opportunity issues.

Complaint details: A woman who was three months pregnant alleged that a bus driver spoke to her in a rude manner and did not lower the ramp to help her get a suitcase on board the bus. The bus company said that the ramp was not working at the time and acknowledge that this should have been communicated to the passenger at the time.
Outcome: Apology and explanation accepted.

Complaint details: A Muslim woman attended a recreation park along with a large group, also of the Muslim faith. The complainant said staff at the park had rudely and disrespectfully excluded the group from parts of the facility because their clothing had breached safety regulations. This caused others at the park to make racially and religiously offensive remarks.
Outcome: Park staff apologised, paid $16,000 as well as free admission to the facility and agreed to review its assessment of appropriate clothing. It also arranged a special welcome by managers to restore the relationship between the group and the park's staff.