NSW Haven't even gone on May leave and job is being advertised?

Discussion in 'Employment Law Forum' started by Nepo, 18 March 2019.

  1. Nepo

    Nepo Member

    18 March 2019
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    Hi All,

    I am currently 17 weeks pregnant and let my employer know about 5 weeks ago.

    Within 2 weeks my position was advertised as a "newly created" position with a new title. The job description has all of the same duties as my role plus a few more that don't equate to much of anything. They are requesting more qualifications for the role than I hold but this has never been an issue before. The job is being offered as a Full-Time Permanent Role, not a maternity leave contract.

    I have asked my boss what I will be doing when I return from leave and he responded by shrugging his shoulders and saying "I don't know, maybe something different". He could not elaborate on that.

    He now has me interviewing candidates for the position who I will then need to train before leaving for maternity leave in July.

    Is this really allowed? Can he fill my role and have nothing for me to return to?

    As soon as I knew the job was being advertised I submitted my maternity leave application to make sure I had something that is him acknowledging I am pregnant. I also took a copy of the "new" job description as well as a copy of my job description.

    I am extremely worried that he is making moves to not have me back at work. He is a very cunning and hostile boss who is quite often nasty and is very quick to let people go when it is no longer convenient for him.

    Is any if the above cause for concern? Is he doing anything wrong in not leaving my position available to me? Ha he found a loophole in paying more and requesting higher qualifications? Or by hiring before I have even gone in maternity leave?

    Any advice is appreciated.

  2. Paul Cott

    Paul Cott Well-Known Member
    LawTap Verified

    26 May 2014
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    This is concerning. Pregnancy discrimination at work is unlawful and you have a few legal options such as an adverse action/general protections claim. To initiate one of them now is obviously tricky as you are still employed there and need your job most likely. I would reakly try to open some dialogue with your employer, such as with HR if they have HR. They may have a valid explanation for what is going on or they may not. It’s best to have it out with them in a professional manner of course. Good luck. Hope I have helped you.

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