Employment terminated while on parental leave

August 2024 

Rosanne* was employed in a full time capacity when she became pregnant. She arranged parental leave with her employer, and they agreed on start and end dates for her leave.  

The day prior to starting parental leave, Rosanne learned that her employer’s business had been purchased by another company. Rosanne contacted her employer while on parental leave to check whether this would affect her return-to-work date. Her employer advised that she would have to contact the new company, as he could not guarantee there would be a role for her.

When Rosanne contacted the new business owner, he advised her that there was no position for Rosanne to return to.

Rosanne lodged a complaint of pregnancy discrimination and carers discrimination with ADNSW. She made this complaint against both her employer and the new owner of the business.

During ADNSW’s investigation, Rosanne’s employment was formally terminated by her employer. She said that this amounted to an act of victimisation. Rosanne lodged further complaints against her employer and its director, and against the director and company who had purchased the business, who Rosanne believed had directed her termination.

Rosanne’s employer denied that Rosanne had been discriminated against or victimised. He said that there was no longer a role for Rosanne because his business had been sold, and this was the only reason for her termination.

The buyer of the business denied that it had discriminated against Rosanne or victimised her. He said that Rosanne had not been offered employment with his company because she did not fit the company’s criteria. He said that Rosanne had no basis for saying that he had directed her termination and he had no power to do so.

A conciliation conference was held involving all parties. The matter was resolved on a financial basis without admission by two separate private agreements with each company and their respective directors.

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