Glenn Duker Solicitor

Redundancy During Parental Leave – What You Need To Know

It’s plain and simple – sacking a woman because she is pregnant (or a man who is on parental leave) is against the law in Australia. However, employment law cases focused on this issue still occur. In these situations, many employers will try to disguise unlawful job terminations in a subtle way (e.g. company restructure) to avoid displaying the true motive. This is why you need to be aware of your legal rights to ensure you are protected. Lawyer and solicitor Glenn Duker provides a quick summary:

Glenn DukerUnder the Fair Work Act:

  • Employers cannot sack you for exercising a workplace right – in this case, taking maternity leave.
  • Employers cannot dismiss you due to family or carers’ responsibilities.
  • Employers are required to discuss changes that affect an employee’s pay and location of their position while they are on parental leave.
  • The Fair Work Act also includes a “return to work guarantee”. This means that you are entitled to return to the same position you held before. If that particular position should cease to exist while you are on parental leave, you have a right to a position that is close in status and pay to your previous one.

Thankfully, if you’re considering taking action against your employer for sacking while on parental leave, it is now the employer’s responsibility to disprove the allegation for wrongful dismissal.

If you believe that your employer has unlawfully dismissed you because of pregnancy or parental responsibilities, give lawyer and solicitor Glenn Duker a call today for expert legal assistance.

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