Victorian department ordered to pay $161 307 for indirect discrimination on basis of parental and ca

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Victorian department ordered to pay $161 307 for indirect discrimination on basis of parental and ca

HRLink Issue No: 88/00 In April this year, the Victorian Civil and Administrative Tribunal found that a parliamentary hansard sub-editor had been indirectly discriminated against by her employer, the Victorian Department of Parliamentary Debates.

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HRLink Issue No: 88/00

In April this year, the Victorian Civil and Administrative Tribunal found that a parliamentary hansard sub-editor had been indirectly discriminated against by her employer, the Victorian Department of Parliamentary Debates. The Tribunal found that the Department delayed installing a modem to allow the employee to work from home and attend to parental and caring responsibilities.

The delay was found to have been long enough to constitute a refusal on the part of the employer. This resulted in the employee, who had served for 17 years, resigning to care for her sick son. The tribunal found that the request to work from home via a modem was reasonable, and that the refusal amounted to indirect discrimination on the basis of status as a parent and carer. On 20 July 2000, the Tribunal handed a decision in relation to the relevant compensation. The Department was ordered to pay the former employee $161,307.40

Compensation was made up of:

  • $119,868.00 for loss of income as a sub-editor, for income that would have been earned over the period from her resignation to the end of April 2000, less the amount of income earned in alternate employment over that period;
  • $36,439.40 for loss of superannuation entitlements to the end of April 2000; and
  • $5,000.00 for economic loss resulting from her loss of the opportunity to be considered for the position of Chief Reporter.

This decision will be reported in greater detail in a forthcoming issue of HR Link.

 
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