Scenario: The Federal Magistrates Court has found that an employer discriminated against a female employee with carer's responsibilities.
The employee, a single mother with a six-year-old child, was employed as an intelligence analyst for the National Crime Authority, now known as the Australian Crime Commission, on a contract basis between 1999 and 2000.
Upon joining the NCA, the complainant was able to transfer her accrued leave entitlements from her previous government employer, which amounted to between six and seven-hundred hours. During the course of her contract with the respondent, the complainant took some time off for personal leave, including carer's leave and sick leave, for which she provided medical certificates.
In early July 2000, she attended a meeting with a team manager. At the meeting she was told that she was not "fulfilling the job on a full-time basis", and advised that if her leave from work continued, her contract would be terminated. She told the manager that the leave she was taking was already accrued and she was entitled to it. The manager expressed surprise that the leave was owing to her.
Following the meeting, the complainant suffered stress and anxiety, and consulted her doctor who gave her a medical certificate for further leave. A second meeting was held late in July between the complainant and the manager.
During the meeting she was advised that her employment contract would not be continued beyond September 2000, despite the ongoing nature of the work of her unit. The manager also told the complainant that if he had known she was a sole parent, he "would never have hired her".
Following the meeting, the complainant alleged the manager asked her if she could "guarantee 100% attendance for the remainder of her contract". She advised the manager that she was unable to provide a guarantee that her child would not be ill, and confirmed that she would honour her employment contract in good faith.
A series of meetings then took place between various managers and the complainant. During these meetings, she was again asked if she intended to be at work every day. In the last of the meetings, a regional manager commented, "I would never have hired you if I had known that you would have a sick child and take so much time off". The complainant was distressed and sick as a result of this comment, and on the following day, formally resigned her position.
Supporting evidence was presented from the complainant's co-workers, including a colleague who was also a sole carer. The colleague was also warned that her contract would not be renewed if she took further carer's leave.
The court found that the respondent had discriminated against the complainant on the ground of family responsibilities. The court found that the complainant had not take any leave to which she was not entitled by her contract, and that under cross-examination, the manager concerned conceded that the leave the complainant took was not excessive.
The court ordered damages of $25,000 for hurt and humiliation, and damages for loss of wages for approximately $16,000. The court also indicated that it would be appropriate for the respondent to make a formal apology. Evans v National Crime Authority, Federal Magistrates Court of Australia
- Sex discrimination
- Pregnancy discrimination
- Age discrimination
- Multiple discrimination
- Race discrimination
- Homosexual discrimination
- Transgender discrimination
- Disability discrimination
- Carers discrimination
- Family Responsibilities discrimination
- Maternity Leave
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