Family responsibilities case studies

Roster changes

The employer salon manager decided to change staff rosters to better suit the business. When the complainant explained she had already arranged child care to suit her current roster and may not be able to rearrange it, the manager told her that it was not her problem and if she couldn't make child care changes she would lose her job.

The complainant was able to rearrange childcare but when she later requested two days off over the Christmas period, the manager asked if she could get someone else to care for her children and then dismissed the complainant because she couldn't work the two days. At conciliation the employer agreed to give the complainant an apology and compensation in relation to discrimination on the basis of family responsibilities.

(Source: ADCQ Annual report 2012-13)

Sick child

A complaint of discrimination on the basis of family responsibilities was successful after a man resigned his position when he was threatened with the loss of employment if he took his sick child to hospital. The respondents subsequently refused to re-employ him. The Tribunal also found unlawful discrimination had occurred as the employer had previously ceased training him for promotion to a managerial position because he had taken some short notice leave because of family responsibilities. The Tribunal ordered an apology,$17 500 in compensation for hurt and embarrassment and $16 000 for economic loss.

Bishop v Gedge & Rudd [2008] QADT 17 (5 August 2008)