October 2025
Gemma* worked as a case manager for a church-based welfare service. While on maternity leave, Gemma successfully applied for a job with another legal entity of the church in a different role.
Gemma didn’t know that her previous and new employer had an agreement about long service leave. This agreement meant she could have transferred her long service leave from her previous employer to her new one. Gemma felt that her previous employer should have told her about this option when she was still working with them and on maternity leave. She hired a lawyer to help, but her previous employer kept saying it was too late because the deadline had passed.
Gemma lodged a complaint with Anti-Discrimination NSW (ADNSW), stating that her previous employer had discriminated against her on the ground of sex and future carer’s responsibility by not allowing her to transfer her long service leave entitlement.
ADNSW investigated the complaint by speaking with both parties and later conducted shuttle negotiations.
Gemma’s previous employer agreed to pay a monetary sum, equivalent to Gemma’s long service leave entitlement, to her new employer. This was used for Gemma’s long service leave accrual and resolved her complaint.
*Name has been changed to protect the privacy of the individual.
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