The operator of a Perth childcare centre has been fined $13,200 and ordered to pay compensation of $5,000 to an employee whom it pressure into resigning when she became pregnant.
In this most recent instance, once the operator of the childcare centre learned that the 28 year old full time employee was pregnant, the operator reduce the employee's hours, misled her in relation to entitlement issues to parental leave and pressured her into resigning. The centre's operator, also a woman, admitted that her conduct amounted to 'constructive dismissal' for reasons including that the employee was pregnant and had proposed to take parental leave.
Justice Michael Barker of the Federal Court said that the contraventions were serious.
"An appropriate message needs to be sent not only to the contraveners in this case, but also to employers at large, that it is unlawful to terminate a woman's employment because she is pregnant."
Under the Fair Work Act, it is unlawful to disciminate against employees on the basis of pregnancy, race, colour, sex, sexual preference, age, physical or mental disability, marital status, family or carer responsibilities, religion, political opinion, national extraction or social origin. Discirminatory behaviour might include dismissal, threatening to dismiss an employee, denying training or promotion opportunities or refusing to employ, train or promote an employee. It is also unlawful to take action against an employee to prevent them from accessing a workplace right, such as a leave entitlement.
The Fair Work Ombudsman, Nicholas Wilson, welcomed the decision as the penalty sends a message that failing to respect the rights of pregnant employees is a serious matter.
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