Anti-Discrimination Board of NSW

Disability and victimisation issues resolved

Conciliation - victimisation in employment

Published February 2018

A woman who worked for a local council resigned from her position and subsequently lodged a workers' compensation claim, in which she alleged that she had been poorly treated and subjected to disability discrimination. The claim was refused.

Several years later, the council advertised a similar position and she applied for this. When she was not shortlisted, she lodged a complaint of disability discrimination with the council. This was dismissed, and she then lodged a complaint with the Australian Human Rights Commission which she subsequently withdrew.

The woman then made another complaint to the council under their code of conduct and the Local Government Act. The council declined to investigate this, allegedly telling her that the reasons for this included her previous history with the employer, her workers' compensation claim and her complaint to the AHRC. 

The woman made a complaint of disability discrimination and victimisation to the Board. The disability discrimination complaint was declined as being out of time, but the victimisation complaint was accepted. 

The council denied that they had victimised the complainant, but were keen to resolve the issue at conciliation. They accepted that their actions had caused her distress, and agreed to seal any documents that she felt disparaged her, provide her with a reference and pay her $20,000 compensation. This settled the complaint.

​​​​Back to Equal Time newsletter February 2018​​​​​

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