QLD Fired due to pregnancy Advice

[Jane444]

Hi all. I was on my second day at my new job and was pulled aside at the end of my shift by the boss. He asked me straight out; "Are you expecting?" I told him I was and he said; "I wish you'd told me earlier, It is such a waste of time to be training you and then have you leave in a few months. Do you understand me, we'll be calling this quits from now on." I was left stunned to say the least so I couldn't think of any reply except to say; "I'll return the shirt soon."

I have a phone conference before a Fair Work Commission Conciliator in a few weeks, and was wondering if I am supposed to represent myself, or hire a lawyer? They are expensive! I know the employer has a lawyer but am trying to work out the right way to go about it. I am a little lost here.

Can anyone give any helpful advice on what to expect, or what to say at the conference? It is humiliating enough as it is without having to talk to him again.

 

[Rod]

The FWC commissioners are quite good. You can represent yourself without needing to comply with technical rules of court or evidence.

Just have all your facts prepared and submitted to the FWC.

 

[Clancy]

Among the documents you filled out to get the job, Is there any document where you were asked to disclose if you were pregnant and you did not? If so, you lose.

On the other hand, if you were never asked if you were pregnant, then it is certainly not fair to sack you over it!

On the other hand, clever and dishonest employers will never say 'officially' that is the reason for sacking you, in which case, you probably lose.

 

[jsw]

Among the documents you filled out to get the job, Is there any document where you were asked to disclose if you were pregnant and you did not? If so, you lose.

On the other hand, if you were never asked if you were pregnant, then it is certainly not fair to sack you over it!

On the other hand, clever and dishonest employers will never say 'officially' that is the reason for sacking you, in which case, you probably lose.

That comment is absolutely not true. An employer cannot ask an employee is she is pregnant - it is illegal.


OP - you need to file a General Protections claim involving dismissal due to the employer breaching your workplace rights as they have taken adverse action against you via discrimination.

 

[Clancy]

That comment is absolutely not true. An employer cannot ask an employee is she is pregnant - it is illegal.


OP - you need to file a General Protections claim involving dismissal due to the employer breaching your workplace rights as they have taken adverse action against you via discrimination.

I don't know how the question can be illegal when it would be an important occupational health and safety issue in many job roles?

 

[jsw]

I don't know how the question can be illegal when it would be an important occupational health and safety issue in many job roles?

It is irrelevant. As an example, if a position requires heavy lifting, the question would be "this role requires heavy lifting, are you able to do this?" Pregnancy is not deemed an illness or injury and an employer has legal responsibility to provide a safe job to a pregnant employee.

 

[Clancy]

It is irrelevant. As an example, if a position requires heavy lifting, the question would be "this role requires heavy lifting, are you able to do this?" Pregnancy is not deemed an illness or injury and an employer has legal responsibility to provide a safe job to a pregnant employee.

Oh, wow, ok... i would have assumed the safety of pregnant women would have been taken more seriously than that and be an absolute need to know? Not so, go figure?

 

[Rod]

The employer describes the job requirements, and it is the employee's responsibility to say whether or not they can meet the requirements. IE Job requires employee to lift weights up to 20Kg.

If the employer has some doubt about an employee's capabilities they can request a medical certificate.

JSW's point is that an employer doesn't need to know the type of 'condition' that renders an employee unfit for duties.

and an employer has legal responsibility to provide a safe job to a pregnant employee.

I suspect there's a typo here. Possibly should say 'and an employer has NO legal responsibility to provide a safe job to a pregnant employee'.

An employer has to provide a safe job to all employees regardless of abilities/health/pregnancy.

 

[jsw]

No typo there - specifically related to pregnancy.

Excerpt from FW;

Safe jobs
All pregnant employees, including casuals, are entitled to move to a safe job if it isn’t safe for them to do their usual job because of their pregnancy. This includes employees that aren’t eligible for unpaid parental leave.

An employee who moves to a safe job will still get the same pay rate, hours of work and other entitlements that she got in her usual job. She and her employer can agree on different working hours. She will stay until it's safe to go back to her normal job, or until she gives birth.

The employee will need to give her employer evidence that:

• she can work but can’t do her normal job (including why her normal job isn't safe) and
• how long she shouldn't work in her normal job.

The employer can ask for this to be a medical certificate.