Apple to pay $18,000 to former employee — ABC News Australia
The Australian Capital Territory Civil and Administrative Tribunal has ordered Apple to pay $18,000 in compensation to a former employee of the company’s store in Canberra for indirect discrimination due to restricted access to a toilet accessible to people with disabilities.
As ABC News Australia reports, the man worked at the Apple store in the Canberra Centre shopping mall from late 2019 until early 2024. He has a bowel condition that requires him to use the toilet frequently and unexpectedly.
The toilet was used as storage
Until renovations were completed in 2024, the toilet accessible to people with disabilities was used to store items, as a changing room and to access the cleaners’ storeroom. As a result, the employee often had to wait or use standard staff toilets.
According to the tribunal, when the man was able to use the accessible toilet, the equipment stored there made the room “very cramped and unsafe.” The employee filed a complaint with the Australian Capital Territory Human Rights Commission, which referred the case to the tribunal.
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Tribunal findings
The former employee sought $20,000 for past economic losses and $50,000 in general compensation. Apple said the equipment was stored in the toilet due to a lack of space in the store, while managers allowed the man to take necessary breaks and use the shopping centre’s public toilets.
Senior tribunal member Robert Orr did not find direct discrimination, but determined that the employee was disadvantaged because of his disability. He noted that requiring the man to use a standard toilet created an obstacle for him, as his condition required frequent and urgent access to a toilet.
The tribunal also rejected claims concerning the refusal of remote work, finding no grounds to link this to the applicant’s disability. A substantial amount of compensation was not awarded due to the absence of medical evidence of psychological harm and adequate evidence of lost earnings.
