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Area
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Employment
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Terms of Settlement
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Compensation
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$10 000
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Complaint Summary
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A woman was told by her manager on her first day back after four months of unpaid maternity leave that her part time management position was to be abolished because he had been doing her job during her absence. The woman said the manager invited her to apply for a newly created full time position, which was of lower status and lower pay. The woman told the Manager that it was unfair of him to expect her to work at such a low level, and that she could not work full time due to her family responsibilities, but was told there were no other positions. The Commissioner decided it was possible that the woman’s absence on maternity leave had led to her not being consulted about proposed changes, her diminished role and a failure to properly consider her interests in the restructure.
At conciliation the employer agreed to pay the woman $10,000 for any hurt, humiliation or distress.
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Area
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Employment
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Terms of Settlement
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Policy Change |
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Compensation
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$5000
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Complaint Summary
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A woman alleged pregnancy discrimination when her employment was terminated. The woman disclosed her pregnancy during the probation period, and alleged that she was told that she was a safety hazard to herself and others by a manager. The woman also made a claim of disability discrimination due to concerns being raised during the probation period about the number of days she had taken off, despite having medical certificates for these days. Although she was given a short-term contract after her permanent employment was terminated, she did not feel that this resolved her concerns. At conciliation, the employer agreed to pay financial compensation of $5000 for hurt, humiliation or distress, provide a reference, and develop an organisational policy to ensure that Indigenous employees have access to appropriate cultural support during employment with the organisation.
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Area
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Employment
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Terms of Settlement
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Apology
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Compensation
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$5 000
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Complaint Summary
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A woman complained that her employer terminated her casual contract due to her advanced pregnancy two weeks after she started work. The woman said at a meeting in which her pregnancy and housing situation were discussed, the manager told her the job would be too stressful. Another person at the meeting said there was no point getting trained. She also claimed that she was told to go back to the job agency as ‘you were not honest in the first place’, and also a pointed gesture was made to her stomach. The Commissioner decided to refer the complaint for conciliation, as although she accepted that poor performance was the main reason that the employer terminated the woman’s employment, she was concerned about the lack of documentation, formal process and opportunity for the woman to respond to the allegations and concerns about her work performance. The Commissioner accepted that the woman’s pregnancy may have been a factor in the employer’s decision to end her employment.
As a result of conciliation, the employer apologised to the woman if the action it took caused her to feel that she was discriminated against and made an ex-gratia payment to her of $5,000.
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Area
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Employment
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Terms of Settlement
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Written apology
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Compensation
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$1500
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Complaint Summary
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A woman alleged discrimination on the basis of her sex, and potential pregnancy. After informing her employer that she would require time off at short notice to undergo IVF treatment, she alleged that was subjected to insults and had to compromise her treatment because of the pressure put on her by her employer, finally resulting in her resigning due to stress. At conciliation the employer provided the complainant with a written apology and $1500 financial compensation.
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Area
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Employment
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Terms of Settlement
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Written apology
New company policy
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Compensation
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$18 400
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Complaint Summary
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A woman complained that she was treated unfavourably by her employer when discussing her return to work after maternity leave. She alleged that she was asked whether she intended to become pregnant again in the next six months and if so, her senior position would be altered so that she would have to report to a peer, rather than a superior.
The employer agreed to provide a written apology to the complainant and to pay her compensation of $18, 400 for hurt and suffering, and unpaid maternity leave. The employer also agreed to formulate a new company policy in relation to managing return to work, and to take into account the complainant’s suggestions for any such policy.
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Area
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Employment
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Terms of Settlement
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I month’s salary
Assistance finding alternative employment
Assistance with visa arrangements
Review of procedures
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Compensation
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1 month’s salary
$8,000 if no suitable alternative employment found
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Complaint Summary
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A woman informed her supervisor that she might be pregnant and was told that her employment would be terminated because her potential pregnancy meant that she would be unable to receive a vaccine that was required for her to work in the particular position for which she was employed. The woman was working in Australia on a visa that required her to leave the country if she could not find alternative employment within 28 days.
At conciliation the employer agreed to continue to pay the woman for another month during which time it would provide assistance to find her suitable alternative employment at a similar level and pay rate by engaging a specialist recruitment agent, exploring other positions available within its organisation, and contacting similar organisations on her behalf. The employer also agreed to assist the woman with her visa arrangements to minimise delays in any transfer of her employment and to pay her an additional 4 weeks salary if there was a delay in commencing new employment because of her visa arrangements. The woman agreed that if suitable alternative employment was found she would not pursue her complaint any further. If suitable alternative employment could not found, her employment would be terminated and she would receive $8,000 compensation to cover the costs of leaving Australia and for her pain and suffering. The employer also agreed to review its procedures in order to prevent similar situations arising in the future.
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Area
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Employment
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Terms of Settlement
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Written apology
New policies
Ongoing training
Supportive reference
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Compensation
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$18,500 including outstanding leave
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Complaint Summary
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A woman on maternity leave rang her employer to discuss her return to work and was asked whether she intended to get pregnant in the next 6 months. She was advised that if she was not planning to get pregnant she would return to her position as a senior manager, otherwise her position would be affected and she would be required to report to a male peer.
At conciliation the employer agreed to provide the woman with a written apology and to implement new policies to improve management of staff who are on extended leave, and also ensure that senior staff will receive ongoing annual training on discrimination and equal employment opportunity law. The employer agreed to pay the woman $18,500 compensation, including outstanding leave and to provide a supportive reference.
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Area
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Employment
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Terms of Settlement
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Provide a statement of service
Letter to former manager
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Compensation
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$4 500
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Complaint Summary
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A woman complained that when she informed her manager that she was pregnant, he told her that she was not performing well in her job, and transferred her to an area unrelated to her professional qualifications. The woman claimed that after disclosing her pregnancy to colleagues she was told that she could no longer attend an interstate conference that she had already arranged. The woman believed that in moving her to another position the manager also took into account her status as a sole carer for her young child.
At conciliation the woman’s former employer agreed to pay the woman $4,500, provide her with a statement of service, and write to their former Manager advising of the complainant’s view that his treatment of her was discriminatory, and that she should have received more support and training from him
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Area
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Employment
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Terms of Settlement
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Transfer
Re-credit of leave
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Compensation
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Nil
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Complaint Summary
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A woman requested a transfer at work because she was pregnant. The woman alleged that her employer required a health assessment before the transfer request would be considered, even though this was not done for other similar requests. The employer claimed that the health assessment was requested after the woman voluntarily disclosed possible mental health issues. The complaint was resolved at conciliation with the employer agreeing to facilitate a permanent transfer. The woman agreed to accept such a transfer. The employer also agreed to re-credit the woman’s personal leave and to support the woman in future employment application by providing her with a good and honest reference.
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