FWC finds ‘shifts on hold’ ended pregnant casual’s employment
A pregnant casual at Amazon’s distribution centre has won reinstatement and backpay after the Fair Work Commission found she was unfairly dismissed following a text message that put her shifts “on hold”.
In a decision issued on 28 November 2025, Deputy President Easton found that Adecco Industrial Australia unfairly dismissed Dupinder Kaur, a casual “pick packing associate” who consistently worked full time hours over a seven‑month assignment at Amazon’s Kemps Creek site in Sydney.
Kaur began working at the distribution centre on 30 October 2024. Her role involved picking parcels, using a step ladder and scanning items. She said she earned on average $1,426 per week and received no formal warnings or complaints during her employment.
On 25 May 2025, shortly before 8:30 p.m., Kaur told an Adecco employee she was about seven weeks pregnant and feeling dizzy while using a ladder. That evening she emailed a medical certificate stating she was in early pregnancy, was getting back pains and was advised not to climb ladders or lift heavy weights. The next day she provided a second certificate advising her to avoid stairs and bending and not lift more than 5kg, while stating she was otherwise fit to work.
Shifts that week, including training Kaur later described as “for Packing”, were cancelled and her shifts were placed “on hold”. On 28 May 2025, she emailed an Amazon employee, attaching the second certificate and...
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