Jetstar Airlines Faces Multiple Disability Discrimination Complaints

posted on Dec 21 by Admin in the Disability Discrimination, Disability Law, Disability News, Opinion and Discussion, Wheelchair Accessibility category

Jetstar Airlines made five-year-old Kellin Hyde, a child relying on a mechanical heart and recovering from a traumatic transplant, be carried through Melbourne Airport after refusing his family the use of a wheelchair. The airline also forced his mother, Andrea Hyde, to use the child’s Christmas money to fly his medication and toys home because their bags were over the weight limit even though the plane was not full. This all occurred after Andrea had told the airline about her son’s condition. His mother said, “Kellin was getting tired, and he was struggling because there was so many people around, so we asked if we could have help with a wheelchair to get to the airplane, and they said, ‘No, we don’t have wheelchairs.”

After Kellin’s heart had failed in the past, he was put on a mechanical heart for over 5 months. He was revived and saved multiple times by Royal Children’s Hospital before receiving a traumatic transplant. After Kellin endured his surgery, his parents decided to celebrate on Thursday night, taking a trip to their Gold Coast home. Upon  arriving to the airport, all their joy was quickly stripped away after they were told their bags were too heavy to be brought along. Their luggage was simply full of medication and toys donated by children’s charities to assist Kellin through his difficulties. The family was forced to pay extra money before they could fly. Ms Hyde said, “I just started crying. It is $200 we just don’t have. He had a mask on his face, and I explained to them he had a transplant, that he had been on a mechanical heart for 151 days and that he was going home for the first time in nine months, and they didn’t care.”

Jetstar officials called Ms Hyde to apologize and refund part of her money. A Jetstar manager said they should have paid for their baggage in advance, however the Hyde family didn’t know they were able to go  home until the night before. A Jetstar spokeswoman also said, “We sincerely regret that in this instance we were not advised a wheelchair was required, and so one was not available.”

Last year, Sheila King, a woman with disabilities, was banned from a flight from Adelaide to Brisbane. Jetstar refused her access to the airplane after she had already booked her flight over the internet. Jetstar contacted her the next day only to tell her she would not be able to fly because the flight had two passengers in wheelchairs booked on the flight already, and they could not accommodate her. Ms King claims it to be discriminating against her, “treating her less favorably than a passenger who did not have a mobility disability that required use of a wheelchair.”

She has stated, “she is more than capable of looking after herself when she travels .” She has been in a wheelchair since 2008 after suffering three crushed vertebrae and three broken ribs in a car crash. Michael Moore, her lawyer,  has convinced them to have one last attempt to settle before going to a Federal Court hearing. Michael Moore says, “It seems to me to be the sort of case that level and sensible heads might be capable of resolving.”

“As an informed citizen, if I can bifurcate myself for a moment and speak as a concerned citizen rather than a judge, there have been in the press recently two or three cases concerning (similar claims about) flight services for people with disabilities.” (that were settled out of court)

Jude Lee, wheelchair using lawyer sues Jetstar for Discrimination. Lee says the airline made him feel like “troublesome baggage” on more than one occasion. He also stated that Jetstar failed to accommodate his needs and treated him of lesser importance than the other travelers because of his disability. Jetstar had told him he could not fly because their records did not show he was a “wheelchair passenger.” Mr Lee was lifted by one of the airlines staff on to the plane because the airline did not have an aisle wheelchair.

The airline said it agreed with Mr Lee’s allegations, but did not agree it was in breach of the Anti-Discrimination Act. Simon Westaway, Jetstar’s head of Corporate Relations, said the airline carries more than 500 customers who use wheelchairs every week. Lee travels on a regular basis for his occupation and also personal reasons. Lee stated, “I find myself embarrassed, harassed and having to constantly plead my case with improperly trained Jetstar staff just for the right to be treated equally and to simply board its planes almost every time I travel with Jetstar.”

“Given the nature of its operations, Jetstar does not have the systems, staff of facilities to provide the same level of special assistance to it’s passengers as provided by full coast carriers,” Jetstars reply to Lee’s allegations.