Browsing: Pregnancy/childbirth/breastfeeding discrimination


FWC greenlights pregnant lawyer's too-early GP claim

A pregnant lawyer who filed her adverse action application before her dismissal took effect will get a chance to pursue her claim, after the FWC waived the "irregularity" to save both parties the cost and time involved in dealing with a fresh application that would have been filed late.


Roundtable advocates leave for casuals, 52 weeks PPL

Australia "remains a global laggard" on work/family benefits and the next federal government should extend paid parental leave to 52 weeks, split carers and personal leave into separate 10-day entitlements, and investigate extending personal/carers and annual leave to casual workers, according to an academic group's report.


"Redundant" top performer replaced by tailender: FWC

The FWC has found a top sales operator made redundant the day before her parental leave started was in fact unfairly dismissed, with her employer apparently transferring into her role its lowest performer "by a significant margin".


HR worker's desire for different result not enough for appeal

A FWC full bench has refused to extend time for a HR business partner seeking to appeal her unfair dismissal decision, finding she had failed to demonstrate any legal errors and instead merely showed "a preference for a different result".


Payout for visa worker "extorted" to have s-x with boss

A court has found an employer who was in a relationship with an employee s-xually harassed her when he extorted her into having unwanted intercourse, setting compensation at $25,000, while rejecting her claim he sacked her for falling pregnant.


Costs fixed for teacher claiming s-x, pregnancy discrimination

The former acting principal of a Sydney Islamic school has won a court order fixing costs at $40,000 as she pursues its leadership for allegedly subjecting her to s-x, racial and pregnancy discrimination, including by telling her she should stay home and look after her children.


Paid agent hit with costs after running hopeless case

An employer has won a rare costs order against an experienced paid agent after the FWC agreed that he should "never" have run a pregnancy discrimination case given there was no evidence the on-hire worker was ever dismissed.


Tribunal rejects lawyer's pregnancy discrimination appeal

An employer did not discriminate against a lawyer when it twice declined to roll over short, fixed-term contracts that would have entitled her to paid maternity leave, an appeal panel has found.



Extend positive duty: Report

Employment rights legal centre JobWatch says a client survey suggests most employers are failing to take internal complaints of workplace sexual harassment and discrimination seriously or to adequately protect employees, prompting recommendations to expand positive duty and vicarious liability provisions, and actively monitor compliance.


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