Late last week, a "Perth Now" headline screamed
"Six figure payout for WA executive who was demoted for being
pregnant". The article reported that a former Woodside Energy
executive had commenced Federal Magistrates Court proceedings
alleging that on two separate occasions following her return to
work after maternity leave, she was sidelined and denied
promotions. She alleges that although her remuneration remained the
same, she was placed in diminished roles.
So if an employee's remuneration remains the same, can
diminished responsibilities or reduction of status really amount to
a demotion? Absolutely!
Employers also need to comply with the "return to work
guarantee" under the Fair Work Act or face a penalty up to
$33,000. An employee returning to work is entitled to return to
their pre-parental leave position. If that position no longer
exists, the employee is entitled to an available position for which
the employee is qualified and suited, nearest in status and
