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Thursday, January 22, 2026

Worker placed on hold after advising employer she was seven weeks pregnant and restrictions - HRD America

Is it discrimination? Commission found employee had been scheduled to undertake training but was not allowed to do so after disclosure

A casual employee who worked full time hours over seven months at a distribution centre told her employer on 25 May 2025 that she was seven weeks pregnant. The employee's shifts were placed "on hold" including shifts on which she was to undergo training to work in a different position.

A few days later the employee worked two shifts on "light duties" and then received an SMS advising that no light duties were available, and since she was not trained in other areas, the employer could not place her elsewhere.

After careful consideration of her safety and discussions with operations, there were no light duties to be offered so her shifts would be put on hold.

Employee provided medical certificates advising restrictions

The commission found the employee commenced casual employment at the distribution centre on 30 October 2024. The commission found the employee was employed on a casual basis as a "pick packing associate" which involved picking parcels, using a step ladder and scanning picked parcels.

The commission found the employee earned on average $1,426 per week and received no formal warnings or complaints during her employment.

The commission found shortly before 8:30pm on Sunday 25 May 2025, the employee advised the employer that she was pregnant. The commission found in cross-examination the employee said she did so because "I was...



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