WRC finds settlement agreement withdrew disability discrimination complaint

The Workplace Relations Commission found that a settlement agreement withdrew Donna Kenneally’s disability discrimination complaint against Newtown Business Support Services, trading as Outsource Support. Adjudication Officer Brian Dolan dated the decision 18 September 2024. Kenneally, who worked as a cleaner, alleged that the company discriminated against her because of disability. She accepted signing a settlement agreement, but later considered its payment insufficient and asked for the complaint to proceed. The company argued that the agreement and payment meant the complaint had been withdrawn. The adjudicator found that the agreement identified the complaint and relevant legislation, provided for independent advice, and had legal effect. He concluded that it withdrew the complaint and barred it from proceeding to a hearing. The Decision section also states that the company did not discriminate, creating an inconsistency in the decision. No monetary award is recorded.