Employer stopped allocating work after learning of worker’s pregnancy

July 2024

Alphonsine* was employed as a casual disability support worker, a role that involved heavy manual handling. When Alphonsine’s employer learned that she was pregnant, they stopped providing her with shifts.

Alphonsine wanted to continue in her role. Her employer asked her to get a Certificate of Capacity to Work from her doctor. Alphonsine gave her employer the certificate, but they still did not provide her with any work. Alphonsine felt forced to resign and look for another job.

Alphonsine lodged a complaint with ADNSW. A Conciliation Officer investigated the complaint by getting information from Alphonsine and the employer.

The employer said that the worksite where Alphonsine previously worked required heavy manual handling, posing an unacceptable health and safety risk to Alphonsine and other employees. The employer said that it had been discussing other sites which might be suitable with Alphonsine. The employer said that after it received a medical certificate clearing Alphonsine to work, it discovered that another required document was outstanding. The employer said that Alphonsine failed to provide the additional required document.

Alphonsine maintained that the reason the employer did not provide her with further work was because she was pregnant. She said that she had lost trust in her employer and no longer wanted to work there. 

At a conciliation conference, Alphonsine and the employer agreed to resolve the complaint on the basis of a financial settlement and statement of service.

* Name has been changed to protect the privacy of the individual