When can morning sickness be considered
Monday, 30th March, 2015, by Loran McDougallIn today's Workplace Bulletin:
In a previous bulletin, we looked at how you can meet your legal obligation to accommodate employees with a disability.
Under federal and State/Territory legislation, a disability or impairment is a protected attribute. This means that if you disadvantage an employee based on a disability or impairment, you may be liable under anti-discrimination legislation.
That’s why it’s so important to know what is classified as a disability under the legislation.
Read on for the details.
Until next time,
VCAT finds severe morning sickness is a
by Charles PowerLast week, VCAT found that a pregant employee was discriminated against when her employer failed to make reasonable adjustments to accommodate her severe morning sickness.
Editor-in-Chief, Employment Law Practical Handbook
The employee had been diagnosed with a severe form of morning sickness called Hyperemesis Gravidarum and, as a result, suffered from migraines, back pain, ankle pain and foot pain.
She alleged that her employer had directly discriminated against her by making adverse comments relating to her pregnancy, sick leave, lifting boxes, sitting down at work and toilet breaks.
Direct discrimination occurs when an employer (or an agent of the employer) treats an employee less favourably because they have an attribute that is protected under relevant legislation.
While, in this case, the Tribunal did not uphold all of the employee’s direct discrimination claims, it did find that the employer had directly discriminated against the employee under Victoria’s Equal Opportunity Act 2010 because its agent had:
Indirect discrimination occurs when an employer imposes a condition or requirement:
What you can take from this case
If one of your employees is affected by morning sickness, remember:
Employment Law Practical Handbook
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понедельник, 30 марта 2015 г.
Австралия (трудовые отношения) Некоторые особенности обеспечения условий труда беременной женщины (правоприменительная практика)