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Human rights commission to investigate Westpac banning disabled man Human rights commission to investigate Westpac banning disabled man
(12 days later)
The Australian Human Rights Commission is investigating a complaint by a man with severe cerebral palsy who was banned from attending Westpac branches after staff complained he had been “violent”, despite him not being able to walk or talk.The Australian Human Rights Commission is investigating a complaint by a man with severe cerebral palsy who was banned from attending Westpac branches after staff complained he had been “violent”, despite him not being able to walk or talk.
The Melbourne man, Brandon Tomlin, banked regularly at the Westpac branch on the corner of Collins and Swanston streets in the city centre until June, when he raised concerns with a manager about discriminatory treatment by bank staff.The Melbourne man, Brandon Tomlin, banked regularly at the Westpac branch on the corner of Collins and Swanston streets in the city centre until June, when he raised concerns with a manager about discriminatory treatment by bank staff.
He then received a letter telling him his behaviour was “unacceptable” and that bank staff had a right to work without the threat of violence. When he went to the bank to discuss the letter, they called police.He then received a letter telling him his behaviour was “unacceptable” and that bank staff had a right to work without the threat of violence. When he went to the bank to discuss the letter, they called police.
A spokeswoman from Westpac said the company took the complaint seriously and would cooperate with the commission’s investigation.A spokeswoman from Westpac said the company took the complaint seriously and would cooperate with the commission’s investigation.
Related: People with disabilities treated like second-class citizens, says watchdog
“We understand that this is a very sensitive situation, and we are concerned to hear that this customer feels he was treated unfairly,” the spokeswoman said.“We understand that this is a very sensitive situation, and we are concerned to hear that this customer feels he was treated unfairly,” the spokeswoman said.
“We had offered Mr Tomlin a range of banking alternatives to assist him to make his banking arrangements easier.“We had offered Mr Tomlin a range of banking alternatives to assist him to make his banking arrangements easier.
“Westpac believes that all people are entitled to basic rights and freedoms regardless of where they are from, their religion, gender, race or any other status.”“Westpac believes that all people are entitled to basic rights and freedoms regardless of where they are from, their religion, gender, race or any other status.”
A disability advocate, Julie Phillips, is helping Tomlin with his complaint to the Human Rights Commission. She said Westpac’s response was ignorant and discriminatory.A disability advocate, Julie Phillips, is helping Tomlin with his complaint to the Human Rights Commission. She said Westpac’s response was ignorant and discriminatory.
“What they have done is they have just reacted quite ignorantly to his disability,” Phillips told Guardian Australia. “It just seems like an extreme response which is quite inexplicable.”“What they have done is they have just reacted quite ignorantly to his disability,” Phillips told Guardian Australia. “It just seems like an extreme response which is quite inexplicable.”
Phillips said she had known Tomlin for several years and it was “impossible for him to be violent”. Not only was it out of character but he didn’t have sufficient control of his limbs.Phillips said she had known Tomlin for several years and it was “impossible for him to be violent”. Not only was it out of character but he didn’t have sufficient control of his limbs.
“I don’t know how you could say that someone who is in a chair and can’t control their limbs and can’t get out of the chair ... I don’t know how it’s possible for there to be an issue [where the safety of staff is threatened],” she said.“I don’t know how you could say that someone who is in a chair and can’t control their limbs and can’t get out of the chair ... I don’t know how it’s possible for there to be an issue [where the safety of staff is threatened],” she said.
“I don’t know how he would strike someone, to be quite frank.”“I don’t know how he would strike someone, to be quite frank.”
She said Tomlin had limited movement in his arms and legs, but his limbs did make involuntary movements if he was particularly excited or agitated. If someone was standing close to him – because they were speaking to him through his translator device, for example – they could get hit.She said Tomlin had limited movement in his arms and legs, but his limbs did make involuntary movements if he was particularly excited or agitated. If someone was standing close to him – because they were speaking to him through his translator device, for example – they could get hit.
“I have been accidentally kicked by him simply by sitting too close and he has got excited about something, and his leg will kick out and you might get hit, and that’s because that’s the nature of the disability,” she said.“I have been accidentally kicked by him simply by sitting too close and he has got excited about something, and his leg will kick out and you might get hit, and that’s because that’s the nature of the disability,” she said.
“If you are in the wrong place when those involuntary movements happen you might get hit, but that is just an involuntary spasm. It’s not like Brandon is able to hit someone.”“If you are in the wrong place when those involuntary movements happen you might get hit, but that is just an involuntary spasm. It’s not like Brandon is able to hit someone.”
Tomlin said he believed the bank had banned him because it was the “easy option”. He said he had never been violent to staff.Tomlin said he believed the bank had banned him because it was the “easy option”. He said he had never been violent to staff.
“In relation to be ‘abusive’ or ‘violent’, I cannot speak, I cannot control my voice, I cannot control my limbs – particularly when upset – and I cannot leave my chair,” he told Fairfax Media.“In relation to be ‘abusive’ or ‘violent’, I cannot speak, I cannot control my voice, I cannot control my limbs – particularly when upset – and I cannot leave my chair,” he told Fairfax Media.
Phillips believed bank staff had misinterpreted Tomlin’s disability and misconstrued his actions as threatening.Phillips believed bank staff had misinterpreted Tomlin’s disability and misconstrued his actions as threatening.
“I suppose that if you are quite ignorant, you could misinterpret something in all kinds of ways,” she said.“I suppose that if you are quite ignorant, you could misinterpret something in all kinds of ways,” she said.
Melanie Muir, chairwoman of Disability Advocacy Victoria, said complaints like Tomlin’s were common.Melanie Muir, chairwoman of Disability Advocacy Victoria, said complaints like Tomlin’s were common.
“I think it’s more about how he is being received and what we understand, and the level of discomfort experienced by people who really don’t know what to do,” she said.“I think it’s more about how he is being received and what we understand, and the level of discomfort experienced by people who really don’t know what to do,” she said.
“Unfortunately, people with disabilities are misunderstood and people are discomfited by behaviours and experiences that perhaps they don’t understand.”“Unfortunately, people with disabilities are misunderstood and people are discomfited by behaviours and experiences that perhaps they don’t understand.”
Muir said she hoped the publicity would prompt Westpac and other businesses to improve their disability policies and the disability awareness training they provide.Muir said she hoped the publicity would prompt Westpac and other businesses to improve their disability policies and the disability awareness training they provide.
Westpac said it would continue to review its practices to ensure it provided the necessary assistance to people with disabilities.Westpac said it would continue to review its practices to ensure it provided the necessary assistance to people with disabilities.