ARTICLE · 02 MAY 2012

Pregnancy and family responsibility discrimination

Moray & Agnew

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This case demonstrates the importance of having appropriate polices and procedures to handle complaints in a business.

AustraliaEmployment and HR

Amanda Gilkes

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Cincotta v Sunnyhaven Limited [2012] FMCA 110 (8 March 2012)

The Federal Magistrates Court found that an employer discriminated against an employee when she became pregnant, took maternity leave and on her return was restricted in hours she could work due to child care restraints.

The applicant was an employee of Sunnyhaven, an institution that provided residential care and recreational activities to people with disabilities. Since 2001 she had been employed as a support worker before being offered a position as a program supervisor in August 2007. The position was for a fixed term of 12 months, but the applicant was led to believe that it would be possible to extend the position on a permanent basis.

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