2018-11-05
The complainant was employed by the respondent cleaning and maintenance service to perform pool and yard maintenance duties in a remote location. She informed the company she was pregnant because she was experiencing severe morning sickness and was concerned at the potential risk of heavy lifting and use of chemicals. The company allowed her to perform administrative duties during her pregnancy in accordance with medical advice that she was fit to perform ‘light duties’. The complainant alleged that the company told her that, before she could return to work after maternity leave, she would need to obtain medical clearance from practitioners in the state’s capital city, participate in a work conditioning program and undertake a fitness for duty assessment two or three months later. The complainant claimed she had no option but to resign.
The company claimed the information provided by the complainant regarding her fitness to return to work was insufficient given she had been performing light duties for some time and had been absent for 60 days in the 12-month period before beginning maternity leave. The company claimed a medical assessment recommended the complainant undertake a work conditioning program because she had poor upper-limb function, trunk strength, lifting ability and cardiovascular fitness. The company denied requiring the complainant to access services or professionals in the capital city. The company claimed she was unable to perform the inherent requirements of her role and no adjustments could be provided to address this.
The complaint was resolved with an agreement that the company pay the complainant $9,000, provide her with a statement of service and write to her expressing regret for the events giving rise to the complaint. The company also agreed to review its policies to better address issues that may arise concerning pregnant workers in remote locations and to deliver training on equal employment opportunity to management and leadership representatives in the complainant’s work location.
Year
Discrimination type
Disability Discrimination Act
Sex Discrimination Act
Grounds
Disability
Pregnancy
Areas
Employment
Employment - other
Compensation
Statement of regret
Statement of service
Named individual(s) to undertake anti-discrimination/EEO training
Amount
$9,000