Aged-care centre fined more than $30,000 for maternity leave discrimination

    Elissa Doherty
    From: Herald Sun
    April 24, 2013


AN aged-care centre operator has been fined more than $30,000 for discriminating against a worker returning from maternity leave.    


Carolyn Jelcic, 36, of Highton, has also won $5000 compensation.

On returning from maternity leave in 2010, Ms Jelcic said she was initially offered no hours, then just "sleepover shifts" at Geelong's Bellarine Court aged-care centre.

Before going on maternity leave, the personal care assistant had worked six afternoon shifts and one sleepover shift a fortnight. She said her boss, on being told she couldn't work overnight because of her 11-month-old baby, stated that if she did not accept sleepover shifts, it would be interpreted as a resignation.

The Fair Work Ombudsman, which took Federal Court action against operator A Dalley Holdings Pty Ltd, said the discrimination on the grounds of pregnancy and family and carer responsibilities breached the Fair Work Act.

Other breaches included failing to consult Ms Jelcic about decisions affecting her job, and not allowing her to return to a previous or mutually agreed position.    

A Dalley Holdings was fined $27,720 and manager and part-owner Andrew Dalley, of Anglesea, $3168. The aged care centre has since closed.

Fair Work Ombudsman group manager Michael Campbell said the penalty was the highest for a discrimination-based case since it acquired relevant powers in 2009, and the fourth successful prosecution leading to penalties for pregnancy discrimination.    

"The contraventions in this case were reckless rather than deliberate," he said. "The court's decision sends a message that this sort of conduct is a serious breach of workplace laws and will not be tolerated."    

Ms Jelcic, a mother of three, said: "I'm happy with the result. I was treated unfairly and it hurt.

"Having a baby is a big decision.

"You kind of hope you get supported when you've been there when they needed you and worked extra hours," she said.

elissa.doherty@news.com.au