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Maternity Leave and Flexible Working - Do I Have a Case?

Discussion in 'Employment Law Forum' started by rosiers, 7 July 2014.

  1. rosiers

    rosiers Member

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    Background:
    Working with the organisation since 2013
    First maternity leave April 09 - May 10
    Return to work part time, then full time for the last 2 months before 2nd maternity leave
    2nd maternity leave April 11 - Jun 12
    Return to work part time only
    3rd maternity leave April 13 - May 14
    Currently working 3 days a week, work demands me to return to full time in October

    We had the mediation with Fair Work Australia (Commission) already, not going anywhere, there's no part time position in the company, they can't accommodate me working part time only, can't job share, can't increase work from home days. In all 3 occassion, no one was brought in to do my job during my maternity leave.

    It seems either I have to resign or to take them to court. I want to know if I have a strong case against big company. Thanks.
     
  2. Owens Lawyers

    Owens Lawyers Well-Known Member

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    Hi rosiers,

    I assume started working for the organisation well before April 2013. You say you had mediation at the FWC. Did you make an application for the FWC to deal with a general protections dispute? What state are you in?

    Under the NES an employee returning from maternity leave is entitled to request flexible work arrangements to care for their child, and the employer can only refuse on reasonable business grounds.

    The strength of your case is a question of legal advice and you should contact a private lawyer directly, or seek advice from Legal Aid or a specialist CLC in your state. The fact that your employer never replaced you during the periods of maternity leave could be used as evidence that the refusal is not on reasonable business grounds.
     
    rosiers likes this.
  3. rosiers

    rosiers Member

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    You're right, I actually mean I started with the company since 2003.

    The mediation with FWC didn't resolve the matter as my employer refuse to come to a middle ground.

    I'll start looking into legal help, I'm just worry about the high cost and if lose I'll need to pay for the other party too.... That's why big companies don't care, it's too hard for everyday people who still needs to work to fight them.

     
  4. Owens Lawyers

    Owens Lawyers Well-Known Member

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    Was it a General Protections application you made? Which state are you in?
     
  5. rosiers

    rosiers Member

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    Yes, it's general protection, but now thinking maybe I should have filed under SDA instead... I'm in NSW.

     
  6. Owens Lawyers

    Owens Lawyers Well-Known Member

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    [Removed by Moderator - Community Guidelines].
     
    #6 Owens Lawyers, 8 July 2014
    Last edited by a moderator: 9 July 2014

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