An employer who refuses to return an employee to her former duties after maternity leave and instead offers duties of significantly reduced status, without rational explanation, engages in unlawful pregnancy discrimination under ss 7(1)(b) and 14(2) of the Sex Discrimination Act 1984 (Cth) and may also constructively dismiss the employee at common law. The taking of maternity leave is a characteristic that appertains generally to pregnant women for the purposes of par 7(1)(b). Where s 7 applies on the facts, it operates exclusively of s 5. Motive or intention is not necessary to establish the causal link required by 'because of' or 'by reason of', but if present may be relevant evidence.
The full text is available to signed-in members, including the 31 later cases that cite this judgment.
5 of the 31 citing cases carry a classified treatment. How each court treated it is available to signed-in members.