Conciliation Register

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1 Conciliation Register Disability Discrimination Act 1992 For complaints conciliated and finalised in the period of 1-Apr-2002 to 30-Jun-2002 Education Change in policy / practice Complaint Summary Complainant's seven year old daughter is profoundly deaf and uses Auslan to communicate. Complainant's daughter is enrolled at respondent State education school. Complainant claims the school has not provided a teacher with Auslan skills or an Auslan interpreter and daughter cannot access education services on equal terms. Disability of person(s) aggrieved direct Education Terms of Settlement Reasonable adjustment Undertaking to cease action Policy change / change in practice Complaint Summary Complainant's six year old son is autistic with learning and behavioural problems. Complainant's son has been excluded from respondent special school. Conciliation Registers :: 1

2 Disability of person(s) aggrieved indirect Access to premises Provision of goods / services / facilities Complaint Summary Complainant has disability - rheumatoid arthritis. Complainant is unable to access second floor of a local store as she is unable to use stairs and this is the only access available. Complainant says no selection of goods from second level available on ground floor. Complainant states that staff will go and get samples etc but this is time consuming and does not allow her to see full range of goods. Access to premises Terms of Settlement Access provided Complaint Summary Complainant has a mobility impairment and uses a walking frame or wheelchair for mobility. Complainant claims that respondent caravan park does not have accessible toilet facilities. Access to premises Terms of Settlement Access provided Complaint Summary Complainant claims that the only disabled toilet in respondent Council area is not big enough for complainant to get his wheelchair into. Access to premises Terms of Settlement Access provided Complaint Summary Complainant claims she is unable to access respondent restaurant because of stairs. Complainant has a mobility impairment and uses a wheelchair. Conciliation Registers :: 2

3 $25,000 Complaint Summary Complainant commenced employment with respondent bank as a clerk. Complainant later incurred a workplace injury which imposed restrictions on work he was able to undertake and required provision of reasonable adjustment. Complainant claims respondent has failed to provide him with modified duties and he was deemed unfit for any duties. Terms of Settlement Apology - private $600 Complaint Summary Complainant has had Attention Deficit Disorder since she was seven years old. She is now twenty seven years and is now a client of a specialist disability employment agency. Complainant obtained a job with respondent catering organization as a waitress for thirteen weeks. Complainant claims when new managers took over (after twelve weeks) she was dismissed and told by respondent work was not suited to her because of her disability. Complainant claims disability discrimination. $4,271 Complaint Summary Complainant was employed by respondent medical practice as a receptionist. Complainant suffers from panic attacks. Complainant says after taking some sick leave her employment was terminated. Conciliation Registers :: 3

4 Terms of Settlement Apology private Record changed Financial compensation $6,000 Complaint Summary Complainant is currently employed by Commonwealth as an administrative officer. Complainant applied for a position with another agency. Complainant has overuse injury. Complainant was offered a position in respondent agency and asked if she could use voice recognition software. Complainant and respondent met on a number of occasions to discuss complainant needs and how it would be managed. Complainant claims following these meetings respondent expressed doubt about employing her. Complainant attended a medical examination and was later advised respondent had withdrawn offer. $ Complaint Summary Complainant claims she was not being paid the correct wage because of her disability, epilepsy, by respondent shop owner with whom she was in a traineeship. $1,000 Complaint Summary Complainant claims she was refused employment with respondent company in administration position because she only has one eye. Complainant claims could perform the inherent requirements of the job. Conciliation Registers :: 4

5 Terms of Settlement Apology private Staff training / development program Financial compensation $2, Complaint Summary Complainant uses a wheelchair. Complainant applied for a job with respondent library as an library assistant. Complainant was unsuccessful because he uses a wheelchair and respondent thought he couldn't reach the top shelves. Complainant says he wasn't given a test to see if he could do so and could do the inherent requirements of the job with reasonable adjustment. $3,000 Complaint Summary Complainant was employed as a casual by respondent company as a picker and packer. Complainant claims the mushrooms she was picking exacerbated her disability. Complainant says she advised respondent but they would not let her work elsewhere to accommodate her allergy. Complainant says she was dismissed after asking to be moved to other duties. Terms of Settlement Apology - private $3,000 Complaint Summary Complainant worked in a call centre for respondent company. The complainant has psoriasis in her nails. The complainant claims just after she started she was advised there had been complaints about her fingernails bleeding. Complainant was told staff found her nails offensive and also her flaking skin. Complainant claims respondent then told her to go home and that she could come back if she taped her nails, used a keyboard cover and used her own specific chair. Complainant was embarrassed and offended and resigned. Conciliation Registers :: 5

6 Terms of Settlement Reference provided Financial compensation $15,000 Complaint Summary Complainant worked for respondent company for over 20 years. Complainant injured his back and made a workers compensation claim. The complainant returned to work on light duties but the respondent required him to take long service leave and use up other leave entitlements. The respondent claimed no suitable duties available but the complainant claimed duties were available that complied with medical restrictions. Complainant developed another medical condition and his employment was then terminated as respondent claimed complainant could not perform required duties. Terms of Settlement Development of action plan Provision of goods / services / facilities Complaint Summary Complainant claims local festival did not supply wheelchair accessible portable toilet but did supply a non-accessible one. Terms of Settlement Reasonable adjustment Complaint Summary Complainant claims respondent State agency's website is not accessible to him. Complainant has a vision impairment. Terms of Settlement Provision of goods, services and facilities Complaint Summary Complainant claims her daughter was refused entrance to `interaction with dolphins' program because of her disability, epilepsy and intellectual disability. Conciliation Registers :: 6

7 Disability of person(s) aggrieved direct Disability of person(s) aggrieved indirect Terms of Settlement Apology private Policy change / change in practice Complaint Summary Complainant claims that respondent bank refused to allow complainant to open a bank account until complainant provided an Order stating she had the mental capacity to operate an account. Complainant has an intellectual disability. Change in policy / practice Complaint Summary Complainant has cerebral palsy. Complainant claims that telephone that enables complainant to call independently not provided by service provider and has to use operator based services when using telephone is required to pay an additional fee per month for that service. The complainant claims direct and indirect disability discrimination. Disability of person(s) aggrieved direct Disability of person(s) aggrieved indirect Complaint Summary Complainant is blind. Complainant alleges respondent has discriminated against him as documents he is required to complete are not provided in a format accessible to him. Conciliation Registers :: 7

8 $ Complaint Summary Complainant's wife was admitted to respondent clinic with post-natal depression. Complainant is deaf - his wife is not. It appears complainant has requested that the respondent provide an interpreter if he is in attendance with his wife and for fathers parenting groups offered by the clinic. Terms of Settlement Policy change / change in practice Complaint Summary Complainant has a vision impairment and has a child with disability. She claims that respondent housing provider has not repaired her house and has refused to correspond with her in large print. Respondent is taking complainant to tenants tribunal for rent arrears and cost of repairs. Provision of goods / services / facilities Complaint Summary Complainant has a hearing impairment. Complainant alleges that when she has stayed in respondent hotel she has not been provided with text facilities on in-house television for movies, cable television etc. Terms of Settlement Access to goods / services / facilities Complaint Summary Complainant is deaf. Complainant claims he has tried to make bookings into respondent hotel and has asked for a room where T.V. has captioning. Respondent has advised it has no such T.V.s. Conciliation Registers :: 8

9 Disability - use of appliance Access to goods / services / facilities Complaint Summary Complainant has disability and uses wheelchair. Complainant alleges that changes have been implemented at two local bank branches which mean that she is unable to access services independently. Complainant claims that she is required to use ticket machine to obtain service and the buttons of machine are out of complainant's reach. Superannuation / insurance Terms of Settlement Provision of goods / services / facilities Complaint Summary Complainant who has a mental illness claims she was refused income protection insurance because of her mental illness. Disability of person(s) aggrieved direct Disability of person(s) aggrieved indirect Clubs / incorporated associations Terms of Settlement Policy change / change in practice Reasonable adjustment provided Complaint Summary Complainant states that he is blind. Complainant alleges that respondent has discriminated against in that at recent AGM documents for consideration by members not provided in accessible format and the voting process discriminated against members who are blind. Conciliation Registers :: 9

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