Employment Law – Background
A company was found to have taken adverse action against a pregnant employee and were ordered to pay $57,000 in compensation because they made her redundant just days before she took maternity leave.
Employment Law – Facts
In essence:
- In 2015 the company decided to make several roles redundant as of November 12
- However, they moved the redundancy date for a pregnant employee forward to two days before she took maternity leave
- They believed moving the date was in her best interest
- The employee claimed that she was dismissed because of her maternity leave
Employment Law – Decision
Judge Salvatore Vaster of the Federal Circuit Court:
- found that the employer had taken adverse action against the employee
- whilst noting the reasons for the redundancy were genuine, believed that moving the date of the employee’s redundancy amounted to changing her position to her prejudice, on the basis she did not have the chance to discuss the reasons for redundancy or contemplate other appropriate positions in the company
- noted that “it was a clumsy attempt at trying to balance the perceived needs of the [employer] with the best interests of the [employee]”
- ordered the employer pay $37,842 in compensation and an additional $20,000 as a pecuniary penalty
The decision is available for you to read through the hyperlink:
Power v BOC Pty Ltd & Ors (No.2) [2017] FCCA 2387 (3 October 2017)
Employment Law – Tips for Employers [...]