Sexual harassment in employment
A woman worked part time and alleged her supervisor had sexually harassed her over an extended period of time. The supervisor had allegedly made frequent lewd and sexually suggestive comments and on one occasion had deliberately opened his trousers to expose his penis. The women had on several occasions objected to this unwelcome sexual conduct, and on each occasion her hours were cut, or she was given random or unacceptable shifts.
Outcome: The complaint resolved in conciliation with the supervisor and club providing a written apology and financial compensation totalling $31,000. The Supervisor’s employment was also terminated.
Pregnancy discrimination in employment
A woman alleged she had been treated fairly until she advised her employer she was pregnant. She was then allegedly treated less favourably than other staff, was put on unreasonable rosters and had her work performance questioned for the first time. As result of this conduct she decided to resign.
Outcome: The matter resolved in conciliation with a verbal apology, the provision of a positive statement of service, and financial compensation of $1,664.00.
Race discrimination in employment
A young man with dark skin worked as an aged care worker and lodged a complaint of race discrimination when his employer allegedly ‘pressured’ him to resign after he was accused of sexual misconduct by an elderly woman. The young man claimed the elderly woman suffered from dementia and was prejudiced against people with dark skin.
Outcome: The complaint was dismissed as there was no evidence the employer’s actions were causally connected to the young man’s race or skin colour.
Impairment discrimination in employment
A well qualified man with sight in only one eye applied for a job in which excellent eye sight in both eyes was an essential job requirement. The man alleged impairment discrimination when the employer declined to employ him because he could not pass the vision relate medical assessment.
Outcome: The man withdrew his complaint after he read the respondent’s comments on the complaint, because he then understood the complaint was likely to be dismissed as he could not:
- pass the job related medical tests regarding eye sight; and,
- find a specialist doctor who would support his job application.