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My daughter advised her employer of 11 years she is pregnant…

My daughter advised her employer...

My daughter advised her employer of 11 years she is pregnant and wished to take parental leave from April 2014 using parental leave and long service leave. This was last Tuesday 26thNovember. On Thursday she was advised she is to be made redundant and was offered a fairly modest package . She will completely miss out on the paid parental leave and will be unable to seek other employment immediately due to the pregnancy. She has had good performance reviews throughout and was training an offshore person to do one aspect of her work the more mundane processing component. This was part of her performance objectives. It was never stated that she would be made redundant as a result of this process and was told verbally that her job was secure. She would at least like to get the parental leave before being made redundant to put her on the same basis as a non pregnant person in a similar position

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Answered in 2 minutes by:

12/1/2013

Solicitor: Leon, Solicitor replied 9 years ago

Leon, Solicitor

Category: Australia Law

Satisfied Customers: 52,712

Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)

Verified

Good Morning

My name is XXXXX XXXXX I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question.

Is this a legitimate redundancy or do you think an exude because she is pregnant?

Customer reply replied 9 years ago

The timing would suggest her pregnancy is a factor definitely. Though I am sure they would deny this

Solicitor: Leon, Solicitor replied 9 years ago

Good Morning Susan

Are they restructuring?

Is your daughters job no longer going to be available?

A redundancy means that the job no longer exists, is this her case?

Customer reply replied 9 years ago

The job will presumably exist in some form being performed in some aspects by the offshore person in india

Solicitor: Leon, Solicitor replied 9 years ago

Good Morning Susan

Had they mentioned this to your daughter before? Was she aware that her job was being sent offshore?

Or has it already been sent offshore.

In order to determine if she has an action for discrimination she needs to look at what has been happening.

There are avenues available to the employer to re-deploy her and not make her redundant but she needs to be able to show what has been done is because of her pregnancy.

If her job is still as it was then it is unfair dismissal and discrimination.

Does this make sense?

Solicitor: Leon, Solicitor replied 9 years ago

Good Morning Susan

Is there anything else I can assist you with?

Customer reply replied 9 years ago

My daughter,r is seeing a lawyer face to face in order to get more specific advice on her circumstances. Your help is limited and we do not need more advice thank you

Solicitor: Leon, Solicitor replied 9 years ago

Good Morning Susan

I understand I cannot give more detailed information than I have given.

I wish her the best of luck

You are very welcome and thank you for using my services.

If I have missed anything, or you have any further questions please let me know

If there is anything else in the future please do not hesitate to ask.

Please do not forget to leave positive feedback.

Regards
Leon

Leon, Solicitor

Category: Australia Law

Satisfied Customers: 52,712

Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)

Verified

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