- Published
A western Sydney business is facing court after allegedly failing to pay unfair dismissal compensation to a worker who told them she was pregnant.
O’Malley’s Operations Pty Ltd employed the worker on a part time basis back in October 2022 until their operations manager, Riley Panetta-Sleiman dismissed the worker in May 2023 after becoming aware she was pregnant, saying they needed someone to work full time.
Back in September 2023, the Fair Work Commissioner Matheson said.
“I am satisfied that the dismissal of the [worker] was harsh, unjust and unreasonable because the [worker] was dismissed in an abrupt manner without prior notice after making her employer aware of her pregnancy for a reason provided to her that appears to be unrelated to her capacity or conduct,”
The company was ordered to pay the employee $6,095 compensation within 14 days.
Despite efforts by the Fair Work Ombudsman (FWO) to secure voluntary compliance, the company allegedly failed to make the required payment after the affected worker sought assistance from the Ombudsman.
The FWO alleges they have breached the Fair Work Act by failing to make the ordered compensation payment to the worker and that Mr Panetta Sleiman was involved in this breach.
The FWO are seeking a court order and issue a penalty of up to $93,900 for the company and up to $18,780 penalty to Mr Sleiman.
The order is for the company to pay the outstanding compensation owed to the employee plus interest.
A Lesson for Employers
‘Fair Work Ombudsman Anna Booth said the legal action would reinforce the importance of complying with Fair Work Commission orders.’
When the Fair Work Commission makes a ruling, it’s not a suggestion. You have to follow through, and if you don’t, the FWO will come knocking.
A hard (and expensive) lesson for this business.
A few things this case highlights
Dismissing someone because they’re pregnant is unlawful. Pregnancy is a protected attribute. You can’t terminate, demote, or treat someone differently just because they’re expecting. Doesn’t matter how you try to explain it, if it walks and talks like discrimination, it probably is.
Even if a business genuinely needs someone full-time, there’s a right and wrong way to manage that. It means consulting, communicating, and considering alternatives. Firing someone on the spot with no process? That’s almost always going to be a problem.
And when the Fair Work Commission makes a ruling, it’s not a suggestion. You’ve got to follow through. Ignoring it can lead to legal action, penalties, and reputational damage and individuals involved in the decision can also be held personally liable.
If you’re ever unsure how to handle a dismissal, a restructure, or a sensitive issue like this, get advice first. It’s quicker, easier, and way cheaper than dealing with it after the fact.
Get in touch with our team today to discuss how we can help.
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