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. 

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. 

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. 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.

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. 

The employer adjusted the roster to accommodate her needs.

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.

A health sector employee complained to her employer when nursing staff revealed her mental health history. The employee filed a complaint with the EOC when she felt her employer did not deal with her internal complaint effectively due to the nature of the complaint. Further she claimed that she was penalised by being removed from shifts when rostered to work with one of the nurses. Some of the complainant’s issues were resolved at conference. Her removal from the roster was not, and this matter was referred to the SAT.

A man was offered employment with a mining company in the North West.  The day before he was due to start work the company informed him the offer of employment was being withdrawn because he had a congenital defect, something he had successfully coped with from four years of age. 

A young woman alleged her employer would not sign her apprenticeship papers because she had diabetes. The employer said this was not the case, adding that after the woman collapsed at work, her mother had advised the company her daughter’s doctor did not think she should work full-time.  This explanation was acceptable to the complainant and her employer said she could work part-time until she was well enough to resume her apprenticeship.

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.

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.  No monetary payment was sought and none was offered. 

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. 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.

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. 

Sex

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. 

A number of men were refused entry to a nightclub, while female companions were allowed in. The club claimed it was because the men were dressed too casually, this was disputed by the patrons and a complaint on the grounds of sex discrimination was made to the EOC.

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. 

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.

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.