A popular restaurant in Perth has been taken to court by their former casual employee who has alleged she lost her ‘shifts’ because she was pregnant.
The Fair Work Ombudsman (FWO) has commenced legal action in the Federal Circuit Court against Jewel Bay 2015 Pty Ltd, which operates Coco’s Restaurant in South Perth, and company director Abdel Wahid Tajeddine.
A former casual employee who worked as a waitress at the restaurant has alleged some of her shifts were reduced and cancelled because she was pregnant.
The waitress, aged in her late 20s told Mr Tajeddine, who is involved in the day-to-day management of the restaurant, that she was pregnant in April 2017.
Soon after, in July 2017, when she was visibly pregnant, it is alleged Mr Tajeddine directed a supervisor to send the waitress home because she "looks disgusting".
In the same month, it is alleged Mr Tajeddine directed the supervisor to cancel the shift the waitress was rostered to work that evening, making references to the effect of her pregnancy on her appearance and ability to perform her duties.
The waitress informed the Jewel Bay management about her concerns in writing but she allegedly did not receive any response.
Fair Work Ombudsman Sandra Parker says the alleged conduct is particularly serious.
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"It is the responsibility of employers to ensure that they are aware of their obligations under workplace laws and that they treat workers fairly," Ms Parker said.
"Under the Fair Work Act, it is unlawful for employers to discriminate against employees on the grounds of pregnancy, race, colour, sex, sexual preference, age, physical or mental disability, marital status, carer responsibilities, religion, political opinion, nationality or social origin."
The FWO who has commenced a legal action against the restaurant has alleged that Jewel Bay and Mr Tajeddine breached the discrimination provision of the Fair Work Act and has sought a penalty against Jewel Bay and Mr Tajeddine.
They have also sought a Court order requiring them to pay compensation to the employee for lost earnings and non-economic loss suffered, including stress and humiliation.
Jewel Bay face penalties of up to $63,000 for each contravention and Mr Tajeddine faces penalties of up to $12,600 for each contravention.
The matter is scheduled for a directions hearing in the Federal Circuit Court in Perth on 13 November 2018.
Source: Public Domain
Being discriminated at work?
“Any employees with concerns about workplace discrimination should contact the Fair Work Ombudsman," Ms Parker said.
Employers and employees seeking assistance can visit www.fairwork.gov.au or contact the Fair Work Infoline on 13 13 94. An interpreter service is available on 13 14 50.
