QLD No Renewal of Employment Contract Due to Discrimination?

[Scmay]

When I announced I was pregnant after working with them for 2 years, it was 3 months before my employment contract renewal. My boss renewed my employment contract for another 6 months, till the end of the year. I was already on maternity leave then, and my boss managed to extend my employment contract for another 6 months till June before resigning. His position was never filled, and therefore, his boss became my boss.

In March, when I made a visit to the office, I was advised by my new boss they were not going to renew my contract, due to funding issues. I went back early June and finished up my contract for 3 weeks. No acknowledgment was given on the day I left.

I always had a hunch that the renewal did not happen not because of funding, but because I was a new mother, and felt discriminated. I approached fair work Australia, but they say they do not deal with government employees. I was told that government department rules are based on the enterprise agreement, and I don't understand the agreement. Should I sue my employer under Employment Law if it was only based on a hunch?

 

[Sophea]

Unfortunately there are no clear answers in this type of thing. Whether there has been discrimination or not will depend on what a court decides based on what evidence is put before them. If your ex employer can point to funding issues around the time you were let go then their position will be vindicated. If you can prove that someone replaced you in your role and they took on more staff during that time - then you may be able to establish that they discriminated against you on the basis of your pregnancy.

It will be costly and stressful initiating an action against them but if you are interested in taking it further consult with an employment lawyer and they can examine the situation a little more closely and provide you with personalised advice.