Resolved complaint (274) about family responsibility and pregnancy discrimination in employment

About the complaint

The complainant was a teacher at the respondent faith-based school and became pregnant less than twelve months into her employment. She said that before she went on unpaid maternity leave, she expressed an interest in working two days per week after her return. The complainant alleged the school told her that her request for parental leave was declined and terminated her employment. She said the school declined her requests for reinstatement.

The school said that the complainant was not eligible for maternity leave under the National Employment Standards because she had been employed for less than a year. The school claimed it was untenable to keep the complainant’s position open for her because she would be absent for six months and then unavailable to work fulltime on her return.

The complaint was resolved by conciliation with an agreement that the school pay the complainant $10,000 and review its policies and practices relating to leave arrangements and entitlements for pregnant employees.

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.