Dear Kate

Without Prejudice

Complaint Reference No. 2021/11/0059

Thank you for your time on 3 June 2022 discussing the complaint made by Dr Apostle Paul John
Perkoulidis (Complainant) relating to his stay at Scape Aurora, reference no. 2021/11/0059
(Complaint).

Scape takes the allegation seriously. Scape is an inclusive business and does not tolerate any form of
harassment, discrimination or bullying in its operations.

We have carried out a thorough investigation in relation to the Complaint. Based on the outcomes
of our investigations, we deny all allegations made by the Complainant. Quite to the contrary, our
investigations have shown that the Complainant’s own conduct towards Scape staff members was
hostile, intimidating, aggressive, and racially insensitive.

Our detailed response with respect to the Complaint is as follows:

1. Allegation relating to email offer

The Complainant alleges that he was denied benefits by Scape that were given to other guests
staying at Scape Aurora. This allegation is denied. Prior to the check-out date of his stay, the
Complainant was sent an automated ‘renewal’ email by Scape’s electronic customer management
system regarding a 10% discount and room upgrade available to guests who returned to the
property. This was an automated email which was sent by error to the Complainant. The email was
also sent in error to other customers staying at the property. The offer was intended exclusively for
guests who were already departing the property to incentivise them to return at a later date. The
offer was not intended for guests who still remained in the property, such as the Complainant.

The fact that this email was sent by our electronic customer management system in error was
explained to the Complainant. Staff at Scape Aurora clarified to the Complainant that the error was
not personal to him. Notwithstanding that the offer did not apply to the Complainant, Scape (on a
good faith basis) offered to the Complainant and applied the 10% discount and room upgrade. This
was confirmed in written correspondence between Scape and the Complainant.
In responding to the Complainant’s concern in relation to the email offer, Scape staff at all times
acted in accordance with Scape’s policies and procedures. There is no basis on which the
Complainant can claim that Scape discriminated against him, and the Complainant did not suffer any
financial loss, as he alleges.

2. Allegation relating to faulty shower

The Complainant alleges that Scape refused to make arrangements for a room change after being
notified of a faulty shower in his room. This allegation is denied. After being notified by the
Complainant that hot water took some time to arrive at his shower, Scape offered the Complainant
an alternative room at Scape Aurora. The issue impacting the Complainant also impacted others
showers on the floor level at Scape Aurora on which the Complainant was located at the time. This
was confirmed in written correspondence between Scape and the Complainant. The Complainant’s
shower issue was dealt with by Scape’s staff in accordance with usual protocol and there is no basis
on which the Complainant could claim that Scape discriminated against him.

3. Allegation relating to the wearing of COVID-19 face masks during lockdowns

The Complainant makes various allegations relating to Scape staff requesting he wear a face mask
during COVID-19 lockdowns, despite being informed by him that he had a medical exemption. These
allegations are denied. Scape staff initially requested the Complainant wear a face mask in the
common areas of the building in accordance with COVID-19 regulatory requirements in Victoria at
the time and Scape’s own WHS policies. The request made by Scape staff was in accordance with
their training. After the Complainant confirmed that he was medically exempt from wearing a mask,
our staff advised that there would be no further requests from Scape staff to wear a mask at the
property. This is confirmed in written correspondence between Scape and the Complainant. There
is no basis on which the Complainant could substantiate the allegations made.

4. Allegation relating to departure from Scape Aurora

The Complainant makes various allegations in respect of his departure from Scape Aurora, including
that he was allegedly evicted from the property. These allegations are denied. Scape Aurora is a
serviced apartment/hotel style accommodation building which normally accepts short stay
guests. The Complainant checked-in to the property on 14 May 2021 and his scheduled stay at
Scape Aurora ended on 4 September 2021, at which time the Complainant departed the
property. Scape did not terminate the Complainant’s stay prior to the end date of his
booking. Scape declined to renew the Complainant’s stay (as it is entitled to do for any booking)
following the expiry date of the booking. Any allegation that the Complainant’s stay was not
renewed because of his disability is denied and all allegations regarding the behaviour of Scape’s
staff in communicating this to the Complainant are equally denied. There is no basis on which the
Complainant could justify the allegations made.
 5. Allegation relating to behaviour of Scape staff

The Complainant alleges that Scape staff acted aggressively towards him and were abusive and
discriminatory. These allegations are denied. Scape staff at all times acted appropriately in their
engagement with the Complainant. In addition, we confirm that Scape staff are trained regularly in
relation to workplace behaviour and discrimination by Scape’s Legal and Human Resources
teams. Scape also has in place policies to ensure that this behaviour is never tolerated.

Contrary to the picture painted by the Complainant’s allegations, our investigations revealed that
our staff engaged in numerous meetings, discussions and email correspondence with the
Complainant in an attempt to address all concerns raised by him and to ensure his stay at our
property was as pleasant as possible and that he received a high quality of customer service. Our
investigations also revealed that it was in fact the Complainant who, on numerous occasions, acted
towards Scape staff in a manner which was rude, hostile, racially insensitive and aggressive, both
over email correspondence and verbally. This behaviour included shouting and swearing at, and
sending aggressive emails to, Scape staff members. Of particular concern was an incident on 2
August 2021 when the Complainant was observed acting in a derogatory and racist manner towards
a Scape staff member of South Asian descent.

Should the Complainant proceed with his allegations against Scape, we will defend our position and
lead evidence (including written records) supporting our position set out above.

Confidential and without prejudice offer

Notwithstanding Scape’s position on this matter, Scape believes it is important that all guests enjoy
their stay with us. As such, on a confidential, without prejudice and no-admission basis, we confirm
that Scape will make the following offer to the Complainant:

1. Scape will apologise to the Complainant for any feelings he has experienced following his
stay at Scape Aurora;

2. As a gesture of goodwill, Scape will pay to the Complainant a one-off sum of $1,000; and

3. Scape will commit to speaking with staff at Scape Aurora about this incident and reiterating
the importance of customer service.

This offer is conditional upon the Complainant executing a deed of settlement and release in full and
final settlement of: (a) all claims in respect of his stay at Scape Aurora; and (b) the Complaint. The
offer remains open for acceptance until 5pm on 1 July 2022, upon which time it is withdrawn.
We trust the above will address the Complainant’s concerns in relation to the Complaint. Should the
Complainant wish to discuss this matter further, Scape is willing to engage in a conciliation process
facilitated by the Victorian Equal Opportunity & Human Rights Commission.

Please feel free to call if you require any additional information from Scape on this matter.

Kind regards

Eva Kerr
Legal Counsel