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Resolved complaint (153) about disability, family responsibility and pregnancy discrimination in employment

Learn how a complaint (153): disability, family responsibility and pregnancy discrimination in employment — resolved by conciliation.

Disability rightsEmployment and workplaceSex and gender Conciliation register entry

Summary

  • Year: 2024
  • Relevant Act: Disability Discrimination Act; Sex Discrimination Act
  • Grounds: Disability; Family responsibilities; Pregnancy
  • Area(s): Employment
  • Settlement terms:
    • Compensation
  • Settlement amount: $15,000

About the complaint

The complainant was employed as a disability support worker with the respondent home care service provider. She said she took sick leave during the second and third trimesters of her pregnancy due to pregnancy-related medical complications. She alleged that when she sought to access parental leave, the service issued her with a separation certificate, stating the complainant had voluntarily ceased working for the service while on leave. The complainant said she never sought to resign.

The service claimed the complainant had voluntarily left her casual position for medical reasons and had provided a medical certificate stating she was unfit for duties.

The complaint was resolved with an agreement that the service pay the complainant $15,000 as general damages.

 

Guidance on the use of these summaries

This is a summary of a selected complaint that has been resolved through our conciliation process. It's designed to help people better understand how complaints might be resolved and what outcomes are possible.

These summaries are for general guidance only and are not legal advice. If you need advice about your situation, you should seek independent legal support.

Please note:

  • all complaints are de-identified
  • complaints are resolved on a 'without admission of liability' basis
  • some content may include confronting or offensive language.

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