A PARTLY-deaf Wodonga voluntary worker who believes he has been unfairly treated because of his disability is upset a legal loophole means he is likely to fail in a discrimination claim.
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Jim Roelofs has been told his case before the Australian Human Rights Commission against welfare group DutchCare’s chief executive Petra Neeleman will be terminated because, as a volunteer, he isn’t covered under the Disability Discrimination Act — and he now wants the law changed.
The Dutch migrant visits old people and produces a monthly newsletter for DutchCare’s Wodonga branch.
Mr Roelofs, who only has 6 per cent of his hearing in one ear and none in the other, alleges Miss Neeleman discriminated against him in a Melbourne meeting on August 1 to resolve an ongoing dispute after Mr Roelofs refused to implement required style changes to the newsletter.
“She said, ‘you’re using your hearing to intimidate me’ at the top of her voice, eyes bulging, and her neck was bright red,” he said.
“She got so infuriated with having to repeat herself — but what she was doing was intimidating me with my hearing.”
Mr Roelofs, who has since received a cochlear implant, then lodged a complaint with the commission.
Miss Neeleman responded she didn’t think she’d used the words claimed by Mr Roelofs but conceded she’d told him “very loudly” he was using selective hearing, for which she apologised.
She said Mr Roelofs hadn’t indicated how bad his hearing was or that he was having trouble hearing in the meeting.
Mr Roelofs claims he told all present he was weeks away from receiving his implant and the constant requests for those present to repeat themselves showed he was struggling to hear.
Mediation was arranged with Miss Neelman apologising to Mr Roelofs, but he refused to accept it.
DutchCare’s insurance company DLA Piper told the commission as Mr Roelofs was a volunteer, he wasn’t covered under the act.
Mr Roelofs now wants the act modified to include volunteers and plans to write to his local MPs.
“Every volunteer in Australia that’s got a disability is now under a cloud because every volunteer now has no legal rights to combat discrimination against them,” he said.
Disability discrimination commissioner Graeme Innes said while he couldn’t speak about cases before the commission, he agreed the act needed to be reviewed.
“If someone is discriminated against while they’re volunteering, and is not already covered, then I think that is a gap in the law which we need to change,” Mr Innes said.
He would support a push to change the law and had previously advised the Attorney General to do just that.
DutchCare president Ignatius Oostermeijer said the organisation had worked extremely hard to resolve Mr Roelofs’ concerns.
“While the CEO Miss Neeleman does not agree with Mr Roelofs’ description of the words used in a meeting with him, she accepts that she may have inadvertently caused offence,” he said.
“Miss Neeleman and I have offered Mr Roelofs an unqualified apology for any hurt he has felt, during a conciliation meeting, and do so again now.”