Was it discrimination or a justified safety concern? FWC settles disputes
18 Apr 2025
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The Fair Work Commission (FWC) recently dealt with a general protections dispute where a pregnant casual worker argued she was unlawfully dismissed.
The worker claimed her employer terminated her employment after stating "As you are pregnant, I have to let you go," following a workplace incident involving safety concerns.
The worker alleged that after refusing to move a heavy crate that could pose risk to her unborn child, the employer expressed frustration and ultimately dismissed her at the end of her next shift. She maintained there was no discussion about future shifts or any possibility of continued employment after their final meeting.
The employer strongly contested these claims, arguing no dismissal had occurred at all. This dispute required the FWC to determine whether a dismissal had actually taken place under section 386 of the Fair Work Act 2009 before it could consider the merits of the worker's general protections claim.
The case involved a casual worker employed at a motel from August 2024. The employer, who was also the motel owner, described this period as a three-month trial. Events on 25 and 26 September 2024 led to the dispute, with the latter being the worker's final day at the motel.
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